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Greetings to all, and welcome to new subscribers.

At the request of Judith Sihombing of the Faculty of Law, University of Hong Kong, I am posting an invitation to participate in a workshop which that faculty will hold in September. There is no registration fee. The faculty may be able to assist academic participants with on-campus accommodation costs. All participants are invited to give a paper of no more than five pages.

Lionel 

INTERNATIONAL WORKSHOP ON THE ROLE OF THE NEW EQUITY
Hong Kong, 10th - 12th September 1998
Faculty of Law, University of Hong Kong

The Hong Kong Court of Final Appeal was established on 1st July 1997. One of the last Hong Kong Privy Council decisions was that of Union Eagle Ltd v Golden Achievement Ltd [1997] 1 HKC 173 which concerned the question of whether or not it was possible for a purchaser, under a contract for the sale of land who had repudiated the contract, to receive equitable relief against forfeiture of the deposit. The Judicial Committee cast doubt on the application of the new unconscionability which has been developed by the Australian courts in recent years, and suggested instead that the way ahead for Hong Kong may be through restitution or estoppel.

One matter to be discussed will concern the manner in which the New Equity has been handled in those regional common law jurisdictions which also no longer attend the Privy Council; for Hong Kong this is especially pertinent bearing in mind the Basic Law protection of the common law for 50 years from 1997. Recent decisions from these jurisdictions in the New Equity have illustrated a robust and exciting approach to equity generally.

At the workshop it is hoped that discussion will cover

a. the principles of equity, or the factor in the civil law system which moderates the strictness of the law:

b. the application of the new equity/modifying factor to commercial law; and

c. the application of the new equity/modifying factor to property law.

It is thought that recent common law developments which will be of interest will include the role of equity and illegality, the expansion of fiduciary duties and those who now become fiduciaries, the concurrency of contract/tort/equitable relief, and restitution.

If you are interested in attending: please reply on this form:

[ ] I intend to register for the Workshop.

[ ] I intend to present a paper at the Workshop. The topic is ..........

Name:.............................................

Address.........................................................................

............................................

Fax:................ e-mail:...........................

Please contact
Judith Sihombing
Faculty of Law
University of Hong Kong, HONG KONG, SAR, PRC
Fax: 852 2559 3543: tel 852 2859 2955