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"Meagher, Gummow and Lehane's Equity: Doctrines and Remedies" is a seminal legal text that has been a cornerstone in the study of equity in both Australia and England. The book has undergone significant revisions, with the fifth edition being a notable update. Here is a comprehensive overview of the book:

Key Themes

  1. Equitable Doctrines: The book covers all fundamental equitable doctrines and remedies, excluding trusts. It delves into the development of equity and its history in England and Australia, including the effects of the Judicature system.

  2. Basic Concepts of Equity: It explains the basic concepts of equity, such as equitable estates and interests, and the fiduciary relationship.

  3. Assurances and Assignments: The text includes chapters on assignments in equity, requirements of writing, priorities, subrogation, contribution, and marshalling.

  4. Unconscionable Transactions: It discusses fraud in equity, innocent misrepresentation, mistake, undue influence, catching bargains, estoppel in equity, and penalties and forfeiture.

  5. Remedies: The book covers various equitable remedies, including declarations, specific performance, injunctions, specific restitution, damages in equity, rescission, account, rectification, delivery up, and cancellation of documents and receivers.

  6. Equitable Defences: It discusses equitable defences based on the Statutes of Limitations, release, laches, and acquiescence, as well as set-off and related doctrines.

  7. Miscellaneous Doctrines: The text includes chapters on conversion, election, merger, and doctrines by which confidential information is protected from unauthorized disclosure.

  8. Developing Remedy of Equitable Compensation: The fifth edition includes a new chapter on the developing remedy of equitable compensation, which reflects the evolving nature of equitable principles.

Critical Reception

The book has received high praise from legal scholars and practitioners. The President of the UK Supreme Court, Lord Neuberger, has described it as "authoritative," stating that "No better treatment of the topic exists". The Judicial Committee of the Privy Council has also referred to it as a "leading textbook". Previous editions have been widely cited by courts in the common law world, demonstrating its influence and reliability in legal scholarship.

Authors and Editions

The original authors of the book were Roddy Meagher, William Gummow, and John Lehane. The fifth edition was prepared by Dyson Heydon QC (former Justice of the High Court of Australia), Justice Mark Leeming (a Judge of the New South Wales Court of Appeal), and Dr Peter Turner (a Fellow at the University of Melbourne).

Publishing Details

  • First Edition: Published by Butterworths in 1975 with ISBN 0-409-49152-7.
  • Fifth Edition: Published by LexisNexis Butterworths in 2015, with significant revisions and new material added.

Summary

"Meagher, Gummow and Lehane's Equity: Doctrines and Remedies" is a comprehensive and authoritative text that has been instrumental in shaping the understanding of equity in both Australia and England. Its coverage of fundamental equitable doctrines and remedies, along with its historical and developmental aspects, makes it an essential resource for legal scholars and practitioners. The critical reception and influence of the book are a testament to its enduring relevance in the field of equity.