How Long Is Too Long for an Equitable Claim?

Australian Law Journal, Vol. 88, 2014, pp 621-624

Sydney Law School Research Paper No. 19/10

7 Pages Posted: 27 Feb 2019

See all articles by Mark Leeming

Mark Leeming

The University of Sydney - Faculty of Law

Date Written: 2014

Abstract

The relationship between “laches”, “applying statutes of limitation by analogy” and “concealed fraud” is easily misunderstood, and has been the subject of conflicting appellate dicta. This note reviews the analysis of those doctrines in Gerace v Auzhair Supplies Pty Ltd [2014] NSWCA 181; 87 NSWLR 435.

Keywords: equity, limitation periods, laches, applying statutes of limitation by analogy, concealed fraud, Gerace v Auzhair Supplies

JEL Classification: K10, K30

Suggested Citation

Leeming, Mark, How Long Is Too Long for an Equitable Claim? (2014). Australian Law Journal, Vol. 88, 2014, pp 621-624, Sydney Law School Research Paper No. 19/10, Available at SSRN: https://ssrn.com/abstract=3342916

Mark Leeming (Contact Author)

The University of Sydney - Faculty of Law ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
239
Abstract Views
622
Rank
234,323
PlumX Metrics