The clean hands doctrine does not bar enforcement of a trust where the beneficiary's misconduct (including giving false evidence in other proceedings to conceal the trust interest) did not augment or create the subject matter of the trust. The court may take into account that the party resisting equitable relief was itself complicit in the misconduct, that the deception was ultimately unsuccessful, and that refusing relief would confer an unmerited windfall. A new ground for refusing equitable relief on clean hands grounds cannot be raised for the first time on appeal where it was neither pleaded nor pursued at trial.
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