› whether plaintiff had sufficient knowledge of facts founding potential claim for equitable relief - whether plaintiff’s delay in bringing action caused defendants to change position
› where defendants would not have provided financial assistance to plaintiff had they known transaction was impugned
› held: plaintiff disentitled to equitable relief by laches
Equity
› Remedies
› where prima facie remedy is avoidance of transaction subject to reinstatement of defendants’ mortgage
› where prima facie remedy would be inequitable
› minimum equity necessary to do justice would be the difference between market value and mortgage debt at date of transaction plus interest.
Case Details
Citation[2009] NSWSC 1040
CourtNSWSC
JurisdictionNew South Wales
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