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Ong on Rescission is Professor Denis SK Ong's fifth treatise in the
field of equity. With its rigorous, yet accessible, approach to
this complex area of law Ong on Rescission is a perfect supplement
to his earlier acclaimed works: Trusts Law in Australia (now in its
4th edition), Ong on Equity, Ong on Specific Performance and Ong on
Subrogation. The text offers a thorough study of rescission ab
initio both at common law and in equity. As in his earlier works,
the book offers a succinct exposition of all the key relevant
principles of law, facilitated by a careful, and on occasion
critical, analysis of all the leading authorities. To assist the
reader, the essential passages of judgments under consideration are
reproduced.
Ong on Equity is a substantial and sophisticated work from
Professor Denis Ong, author of the acclaimed commentary: Trusts Law
in Australia, now in its third edition. Ong on Equity analyses in
detail relevant cases from all the Australian and from
international jurisdictions and thoroughly reviews all aspects of
judicial decision making. Importantly, Professor Ong considers
unanswered questions as they arise in judicial reasoning in an
incisive and learned style and offers fresh insights and thoughtful
scholarly analysis in respect of each of the topics comprehensively
covered in this volume.
Trusts Law in Australia, now in its third edition, provides a
comprehensive and scholarly analysis of modern trusts law. The
structure is unchanged from previous editions and the 12 chapters
cover all the topics expected of a book on the law of trusts
express trusts, charitable trusts, voluntary trusts, resulting
trusts, constructive trusts, writing and related requirements, the
rules against perpetuities and accumulations, life tenants,
remaindermen, tracing, and the duties, liabilities, powers, rights,
appointments, retirement and removal of trustees. Professor Denis
Onga's invaluable and important analysis addresses conceptual
anomalies in the law, and interprets and critiques a large number
of judicial decisions. Each chapter finishes with a summary of
relevant legal principles, making the book unusually accessible.
Since the publication of the second edition in 2003, a number of
significant cases have been decided in the area of trusts: On the
subject of writing requirements, the following cases have appeared:
Theodore v Mistford Pty Ltd (2005) 221 CLR 612; Halloran v Minister
Administering National Parks and Wildlife Act 1974 (2006) 80 ALJR
519; and Khoury v Khouri (2006) 66 NSWLR 241. Blackett v Darcy
(2005) 62 NSWLR 392 has refined the Principle in Strong v Bird
(1874) LR 18 Eq 315. Thirdly, the courts power to authorise
expedient decisions, conferred under s81 of the Trustee Act 1925
(NSW), was analysed in Arakella Pty Ltd v Paton (2004) 60 NSWLR
334. In the area of proprietary estoppel there are the two not
immediately reconcilable decisions in Sullivan v Sullivan [2006]
NSWCA 312 and Donis v Donis [2007] VSCA 89. Most importantly, in
the areas of liability commonly called knowing assistance and
knowing receipt, the High Court has handed down its decision in
Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22.
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