The ‘Pallant v Morgan Equity’ in Australia: Substantive or Superfluous?

(2021) 21 Australian Property Law Journal 1

16 Pages Posted: 11 Jun 2022

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Cristina Poon

The University of Melbourne

Date Written: 2021

Abstract

The ‘Pallant v Morgan equity’ is a relatively new but well-entrenched constructive trust doctrine in English law. However, its precise status in Australia is uncertain. This paper asks whether the Pallant v Morgan equity is a superfluous or substantive doctrine in Australia. It explores four different equitable doctrines which judges have at one point or other suggested can account for that doctrine, and comes to the conclusion that it is not simply a manifestation of those established doctrines and therefore superfluous in Australian law, but a substantive doctrine with a distinct sphere of application. The paper then discusses the justificatory rationale of the Pallant v Morgan equity, and observes how that justification provides normative ground for understanding the equity as a distinct doctrine.

Keywords: Pallant v Morgan, constructive trusts, Australia

JEL Classification: K1, K10, K11, K19

Suggested Citation

Liew, Ying Khai and Poon, Cristina, The ‘Pallant v Morgan Equity’ in Australia: Substantive or Superfluous? (2021). (2021) 21 Australian Property Law Journal 1, Available at SSRN: https://ssrn.com/abstract=4130926 or http://dx.doi.org/10.2139/ssrn.4130926

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Cristina Poon

The University of Melbourne ( email )

Parkville, 3010
Australia

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