-- Received: (qmail 14002 invoked from network); 29 Aug 1997 12:18:55 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Aug 1997 12:18:55 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Fri, 29 Aug 1997 13:18:54 +0100 Received: from [192.76.27.44] (max33.public.ox.ac.uk [192.76.27.33]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id NAA04528 for ; Fri, 29 Aug 1997 13:18:48 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Fri, 29 Aug 1997 13:17:36 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: New HC of Aus case: Fiduciary Duties Greetings all, and welcome to new members. There is a recent High Court of Australia case which may be of interest: Maguire v Makaronis, 25 June 1997. It is available on the web at http://www.austlii.edu.au/au/cases/cth/high_ct/unrep322.html The catchwords are: Equity - Fiduciary duties - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Ascertainment of particular fiduciary duties. Equity - Equitable remedies - Rescission - Relevance of causal connection between breach of fiduciary duty and execution of mortgage - Scope of equity for rescission - Whether clients required to "do equity" by honouring contractual obligation to pay principal and interest secured by mortgage - Rate of interest payable on principal sum outstanding under mortgage. Legal practitioners - Solicitor and client relationship - Mortgage by clients in favour of solicitors - Fiduciary duties - Equitable remedies. Lionel Smith Received: (qmail 15218 invoked from network); 29 Aug 1997 13:25:12 -0000 Received: from ursa.cus.cam.ac.uk (cusexim@131.111.8.6) by jess.oucs.ox.ac.uk with SMTP; 29 Aug 1997 13:25:12 -0000 Received: from ghj1000 by ursa.cus.cam.ac.uk with smtp (Exim 1.70 #2) id 0x4R2z-0001fV-00; Fri, 29 Aug 1997 14:25:09 +0100 Date: Fri, 29 Aug 1997 14:25:09 +0100 (BST) From: "Prof. G.H. Jones" To: restitution@maillist.ox.ac.uk Subject: Re: restitution New HC of Aus case: Fiduciary Duties In-Reply-To: Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Lionel, Many thanks. You have a network of spies. I hope to see you here in January, if not before. Gareth On Fri, 29 Aug 1997, Lionel Smith wrote: > Greetings all, and welcome to new members. > > There is a recent High Court of Australia case which may be of interest: > Maguire v Makaronis, 25 June 1997. It is available on the web at > > http://www.austlii.edu.au/au/cases/cth/high_ct/unrep322.html > > The catchwords are: > > > Equity - Fiduciary duties - Solicitor and client relationship - Mortgage by > clients in favour of solicitors - Ascertainment of particular fiduciary > duties. > > Equity - Equitable remedies - Rescission - Relevance of causal connection > between breach of fiduciary duty and execution of mortgage - Scope of > equity for rescission - Whether clients required to "do equity" by > honouring contractual obligation to pay principal and interest secured by > mortgage - Rate of interest payable on principal sum outstanding under > mortgage. > > Legal practitioners - Solicitor and client relationship - Mortgage by > clients in favour of solicitors - Fiduciary duties - Equitable remedies. > > Lionel Smith > > > Received: (qmail 16037 invoked from network); 29 Aug 1997 14:35:04 -0000 Received: from oxmail4.ox.ac.uk (163.1.2.33) by jess.oucs.ox.ac.uk with SMTP; 29 Aug 1997 14:35:04 -0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Fri, 29 Aug 1997 15:34:58 +0100 Received: from [192.76.27.44] (max45.public.ox.ac.uk [192.76.27.45]) by sable.ox.ac.uk (1.2/8.8.3) with SMTP id PAA27395 for ; Fri, 29 Aug 1997 15:34:52 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Fri, 29 Aug 1997 15:33:39 +0000 To: restitution@maillist.ox.ac.uk From: lionel.smith@Law.oxford.ac.uk (Lionel Smith) Subject: new australian case Regarding Maguire v Makaronis which I just mentioned, Simone Degeling has now advised me that it is reported at 144 A.L.R. 729 or thereabouts. Lionel Smith Received: (qmail 16490 invoked from network); 29 Aug 1997 14:50:36 -0000 Received: from ursa.cus.cam.ac.uk (cusexim@131.111.8.6) by jess.oucs.ox.ac.uk with SMTP; 29 Aug 1997 14:50:36 -0000 Received: from ghj1000 by ursa.cus.cam.ac.uk with smtp (Exim 1.70 #2) id 0x4SNd-0007UJ-00; Fri, 29 Aug 1997 15:50:33 +0100 Date: Fri, 29 Aug 1997 15:50:33 +0100 (BST) From: "Prof. G.H. Jones" To: restitution@maillist.ox.ac.uk Subject: Re: restitution new australian case In-Reply-To: Message-ID: MIME-Version: 1.0 Content-Type: TEXT/PLAIN; charset=US-ASCII Many thanks: GJ On Fri, 29 Aug 1997, Lionel Smith wrote: > Regarding Maguire v Makaronis which I just mentioned, Simone Degeling has > now advised me that it is reported at 144 A.L.R. 729 or thereabouts. > > Lionel Smith > > >