-- >From lionel.smith@Law.oxford.ac.uk Tue May 12 15:26:08 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0yZGwQ-00037o-00; Tue, 12 May 1998 15:26:06 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Tue, 12 May 1998 16:26:03 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id QAA28170 for ; Tue, 12 May 1998 16:25:30 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Tue, 12 May 1998 16:25:40 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: Equity Workshop 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 e-mail: sihomb@hkucc.hku.hk >From lionel.smith@Law.oxford.ac.uk Wed May 13 15:40:39 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0yZde0-0005RG-00; Wed, 13 May 1998 15:40:36 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Wed, 13 May 1998 16:40:30 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id QAA00054 for ; Wed, 13 May 1998 16:39:50 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 13 May 1998 16:39:58 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: ANU Fellowships Greetings, I have been asked to post the following notice regarding fellowships at the ANU, which may be of interest to list members. Lionel THE AUSTRALIAN NATIONAL UNIVERSITY Research School of Social Sciences Division of Law and Philosophy Law Program Postdoctoral Fellow (Academic Level A) Research Fellow (Academic Level B) Fellow (Academic Level C) Senior Fellow (Academic Level D) ADVERTISEMENT The Law Program in the Research School of Social Sciences (RSSS) seeks to fill two non-continuing research posts, one at Level A/B and one at Level C/D. The Level A/B post will be tenable for two years only. Applicants for this post should have (or expect shortly to receive) a PhD in law or be able to demonstrate equivalent research experience in law; and they should intend to carry out original research either in the private law of obligations or in public (i.e. administrative or constitutional) law. The Level C/D post will be tenable for three years only. Applicants for this post should have a strong record of original research and publication in law at the appropriate level, and should intend to carry out advanced work either in the private law of obligations or in public (i.e. administrative or constitutional) law. Applicants for both posts are encouraged to indicate ways in which their legal research might be of relevance to the social sciences. Salary: Postdoctoral Fellow: Aus$37,422-$45,159 per annum Research Fellow: Aus$47,435-$55,966 per annum Fellow: Aus$57,671-$66,204 per annum Senior Fellow: Aus$69,047-$75,872 per annum The Research School of Social Sciences encourages applications from women. Intending applicants must obtain a copy of the further particulars statement by writing to the School Secretary, Research School of Social Sciences, Australian National University, Canberra ACT 0200, or by e-mail at , or by telephoning (02) 6249 2257. The Head of the Law Program, Professor Peter Cane, would be happy to discuss the posts with anyone interested. He can be contacted by telephone on (02) 6249 2331 or by e mail at . Closing Date: 12 June 1998 Ref: SS 6.4.1 THE UNIVERSITY IS AN EQUAL OPPORTUNITY EMPLOYER >From lionel.smith@Law.oxford.ac.uk Thu May 14 14:38:11 1998 Received: from (oxmail3.ox.ac.uk) [163.1.2.9] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0yZz96-0007ck-00; Thu, 14 May 1998 14:38:08 +0000 Received: from sable.ox.ac.uk by oxmail3 with SMTP (PP) with ESMTP; Thu, 14 May 1998 15:37:55 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id PAA00482 for ; Thu, 14 May 1998 15:33:43 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 14 May 1998 15:33:47 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: HCA on interest Robert Chambers advised me last week that: >The HCA have recently overturned a Fed CA majority judgment which had >allowed interest on a statutory claim to refund of custom duty on the basis >that the user of the money was an UE The case is on the Web at http://www.austlii.edu.au/au/cases/cth/high_ct/1998/20.html Lionel >From r.chambers@law.unimelb.edu.au Thu May 14 22:07:46 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0ya6AB-0000HB-00; Thu, 14 May 1998 22:07:43 +0000 Received: from myriad.its.unimelb.edu.au by oxmail4 with SMTP (PP) with ESMTP; Thu, 14 May 1998 23:07:38 +0100 Received: from [128.250.165.77] (lawpc77.law.unimelb.EDU.AU [128.250.165.77]) by myriad.its.unimelb.edu.au (8.8.8/8.8.5) with ESMTP id IAA31370 for ; Fri, 15 May 1998 08:06:10 +1000 (EST) X-Sender: chambers@clyde.its.unimelb.EDU.AU Message-Id: In-Reply-To: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Fri, 15 May 1998 08:08:53 +1000 To: restitution@maillist.ox.ac.uk From: Robert Chambers Subject: HCA on interest 2 The HCA case on interest which Lionel mentioned is now reported: Commonwealth of Australia v SCI Operations Pty Ltd (1998) 152 ALR 624; reversing (1996) 139 ALR 595 Robert Chambers >From lionel.smith@Law.oxford.ac.uk Tue May 19 15:02:12 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0ybnu7-0008Dj-00; Tue, 19 May 1998 15:02:12 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Tue, 19 May 1998 16:02:00 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id QAA00248; Tue, 19 May 1998 16:01:32 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Tue, 19 May 1998 16:01:37 +0000 To: restitution@maillist.ox.ac.uk, neil.steen@Lincoln.oxford.ac.uk, sara.antoniotti@Lincoln.oxford.ac.uk, john.coughlan@Lincoln.oxford.ac.uk, shay.lydon@Lincoln.oxford.ac.uk, christopher.simard@st-johns.oxford.ac.uk, shaheed.fatima@st-johns.oxford.ac.uk, cheeho.tham@st-edmund-hall.oxford.ac.uk, derval.walsh@st-edmund-hall.oxford.ac.uk, claire.pointing@st-edmund-hall.oxford.ac.uk, stephen.parmenter@st-edmund-hall.oxford.ac.uk, colin.west@St-Annes.oxford.ac.uk, iain.pester@Merton.oxford.ac.uk, charles.shaw@corpus-christi.oxford.ac.uk, gail.hubble@university-college.oxford.ac.uk From: Lionel Smith Subject: Remedial Constructive Trust Eoin O'Dell has pointed out that the Court of Appeal has overruled a first-instance holding that there was an arguable case that English law would recognize a remedial constructive trust absent a fiduciary relationship. Re Polly Peck (No. 4) is reported in yesterday's Times (on line at ). Such a trust was claimed over some of the assets of a company in liquidation and the claimants needed leave to commence proceedings. The test for leave was whether there was a seriously arguable case. The CA denied leave, saying that there was no prospect that such a trust would be imposed. An extract from the Times report of the judgment of Mummery LJ: "Miss Dohmann submitted that "the law moves". That was true. But it could not be legitimately moved by judicial decision down a road signed "no entry" by Parliament. The insolvency road was blocked off to remedial constructive trusts, at least when judge-driven in a vehicle of discretion. The applicants should be refused leave to commence proceedings. To a trust lawyer and, even more so, to an insolvency lawyer, the prospect of a court imposing such a trust was inconceivable." Lionel >From lionel.smith@Law.oxford.ac.uk Wed May 20 07:56:56 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0yc3k8-00016W-00; Wed, 20 May 1998 07:56:56 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Wed, 20 May 1998 08:56:43 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id IAA01650 for ; Wed, 20 May 1998 08:56:34 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 20 May 1998 08:56:41 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: constructive trusts Peter Birks notes that the Polly Peck decision >ought to be cross-referenced to FORTEX GROUP LTD V MACINTOSH >NZ CA (FIVE JUDGES) 30 MCH 1998, which also refuses to use the remedial >constructive trust to disturb the law of insolvency as it has been known and >used. If anyone knows of a good web site for NZ decisions, I would be glad to have it. Lionel >From charles.mitchell@kcl.ac.uk Wed May 20 09:52:07 1998 Received: from (mail.kcl.ac.uk) [137.73.66.6] by maillist.ox.ac.uk with esmtp (Exim 1.82 #2) id 0yc5Xb-0001LJ-00; Wed, 20 May 1998 09:52:07 +0000 Received: from pc231.kcl.ac.uk (pc187.law.kcl.ac.uk [137.73.78.187]) by mail.kcl.ac.uk (8.8.8/8.8.8) with SMTP id KAA15550 for ; Wed, 20 May 1998 10:52:50 +0100 (BST) Message-Id: <1.5.4.32.19980520094942.006a6b54@law-mail.kcl.ac.uk> X-Sender: stty2277@law-mail.kcl.ac.uk X-Mailer: Windows Eudora Light Version 1.5.4 (32) Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Wed, 20 May 1998 10:49:42 +0100 To: restitution@maillist.ox.ac.uk From: Charles Mitchell The New Zealand Legal Information Institute runs a site similar to, though less well developed than the ALII site, at: http://www.liinz.org.nz Charles ________________________________________________________________________ Dr Charles Mitchell Lecturer in Law School of Law King's College London Strand LONDON WC2R 2LS tel: 0171 873 2290 fax: 0171 873 2465 e-mail: charles.mitchell@kcl.ac.uk >From lionel.smith@Law.oxford.ac.uk Thu May 21 08:15:11 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0ycQVL-0003BC-00; Thu, 21 May 1998 08:15:11 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Thu, 21 May 1998 09:15:06 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id JAA01288 for ; Thu, 21 May 1998 09:15:03 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 21 May 1998 09:15:09 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: German Law Archive The German Law Archive is a new website on the University of Oxford server which publishes judgments, statutes, literature, and bibliographies on German law, all in English language. This is the address: http://units.ox.ac.uk/departments/eurocomplaw/gla/ Lionel >From lionel.smith@Law.oxford.ac.uk Thu May 21 08:44:02 1998 Received: from (oxmail4.ox.ac.uk) [163.1.2.33] by maillist.ox.ac.uk with smtp (Exim 1.82 #2) id 0ycQxG-0003F5-00; Thu, 21 May 1998 08:44:02 +0000 Received: from sable.ox.ac.uk by oxmail4 with SMTP (PP) with ESMTP; Thu, 21 May 1998 09:43:39 +0100 Received: from [163.1.157.172] (ug28.sthughs.ox.ac.uk [163.1.157.172]) by sable.ox.ac.uk (1.1/8.8.3) with ESMTP id JAA18773 for ; Thu, 21 May 1998 09:43:37 +0100 (BST) X-Sender: lawf0014@sable.ox.ac.uk Message-Id: Mime-Version: 1.0 Content-Type: text/plain; charset="us-ascii" Date: Thu, 21 May 1998 09:43:43 +0000 To: restitution@maillist.ox.ac.uk From: Lionel Smith Subject: Jackson Reprint Members of the RDG may be interested to know that Gaunt produced a reprint of RM Jackson, "The History of Quasi-Contract in English Law" (1936, reprint 1986). It is US$45 plus shipping (eg US$8.50 to the UK). You can order online at . Lionel >From 4rMrj4o0t@1mayanne.com Sat May 23 16:25:15 1998 Received: from (papayus.topnet.fr) [194.51.124.1] by maillist.ox.ac.uk with esmtp (Exim 1.82 #2) id