A is the legal owner; B has an equitable claim.
But the bank had no proprietary equitable claim.
It set out an English common law rule to determine priority between competing equitable claims to the same asset.
In addition, the Court may deal with equitable claims or demands for recovery of money or damages for amounts not exceeding A$750,000.
In accordance with Beacon Theaters, the jury will first determine the facts and the judge will then enter judgment on the equitable claims.
The common defences to an equitable tracing claim are:
The review panel to the case agreed that there was no legal or equitable claim, but held that any payment would be a gratuity.
That was wrongdoing, he said, and gave Ms. Braude's heirs an equitable claim.
This rule also applies to equitable claims for monetary relief.
Unlike the common law, the statute cuts off both equitable and legal claims to the title.