165 Equity(1) (1) English Law of Equity in Hong Kong (2) Equitable Jurisdiction(1) 1 Nature and Extent of Equitable

e Jurisdiction(1) A. The Subjects of Equitable Jurisdiction [165.002]. Equity as a system of law [165.003]. Growth of the Court of Chancery [165.004]. Jurisdiction of the Court of Chancery B. The Nature of Equity C. The Exclusive Jurisdiction in Equity D. The Concurrent Jurisdiction in Equity(1) (i) Nature of the Concurrent Jurisdiction (ii) Specific Performance (iii) Fraud (iv) Extensions of Fraud (v) Mistake(1) [165.032]. Mistake as a ground for relief [165.033]. Mistake in language of agreement [165.034]. Mistake in circumstance inducing agreement [165.035]. Compromise made under mistake [165.036]. Mistake in executed transaction [165.037]. Mistake in will (vi) Accident [165.038]. When relief is given in respect of accident [165.039]. Loss or destruction of instruments [165.040]. Loss or destruction of title deeds [165.041]. Limits of equitable relief (vii) Account [165.042]. Development of the remedy of account [165.043]. Accounts after the fusion of the administration of the courts of law and equity [165.044]. Account on the footing of wilful default [165.045]. Settled accounts [165.046]. Reopening a settled account [165.047]. Liberty to surcharge and falsify [165.048]. Allowances Apportionment [165.049]. Apportionment in respect of time [165.050]. Apportionment in respect of estate (ix) Contribution [165.051]. Nature of contribution [165.052]. Contribution between sureties and between persons and funds (x) Administration of Estates [165.053]. Creditors administration actions [165.054]. Beneficiaries administration actions [165.055]. Restraining proceedings at law [165.056]. Legal and equitable assets [165.057]. Land as assets for payment of debts (xi) Partnership [165.058]. Partnership [165.059]. Rights of partners between themselves [165.060]. Rights of creditors Determination of Boundaries [165.061]. Boundaries Partition [165.062]. Basis of equitable jurisdiction in partition Dower [165.063]. Equitable jurisdiction in dower E. The Auxiliary Jurisdiction in Equity (i) Nature of the Auxiliary Jurisdiction [165.064]. Conditions of exercise of the auxiliary jurisdiction [165.065]. Relief dependent upon legal right (ii) Discovery (iii) Perpetuation of Testimony; Suits De Bene Esse (iv) Injunctions (v) Quia Timet Actions (vi) Delivery Up and Cancellation of Documents (vii) Receivers Interpleader

(ix) Bills of Peace (x) Ne Exeat Regno 2 Exercise of Equitable Jurisdiction [165.086]. Union of the courts of law and equity [165.087]. Equitable jurisdiction of District Courts [165.088]. Legal and equitable remedies granted in the same proceedings [165.089]. Claims upon which the court may adjudicate [165.090]. Rules of equity to prevail [165.091]. Distinction between legal and equitable rights [165.092]. The equitable maxims (3) Principles of Equitable Jurisdiction 1 Equity Acts in Personam [165.093]. Equity acts in personam [165.094]. Limits of the jurisdiction 2 Equity Gives Account of Profits not Damages 3 Equity Follows the Law 4 Equality is Equity 5 He Who Seeks Equity Must Do Equity 6 He Who Comes Into Equity Must Come with Clean Hands 7 Equity Looks on that as Done Which Ought to be Done 8 Equity Does not Allow A Statute to be Made an Instrument or Engine of Fraud 9 Equity Favours A Purchaser for Value Without Notice 10 Equities Rank in Order of Time 11 The Legal Estate Gives Priority 12 Notice [165.118]. Notice under common law [165.119]. Statutory provisions as to notice [165.120]. Notice to agent [165.121]. Knowledge of common officer of two companies [165.122]. Application of the doctrine of constructive notice [165.123]. Constructive notice in relation to dealings with land (4) Equitable Interest in Property 1 Nature of Equitable Interests A. Equitable Interests in Land [165.124]. Legal and equitable estates; effect given to equitable interests [165.125]. Equitable interests in land under trusts [165.126]. Position of tenant for life [165.127]. Equity to set aside or rectify a deed [165.128]. Equity of redemption [165.129]. Equitable securities [165.130]. Charges on land B. Equitable Interests in Personal Property and under Contracts 2 Equitable Interests under Contracts for Sale 3 Restrictive Covenants 4 Equitable Assignments (5) Equitable Doctrines Affecting Property (6) Equitable Relief Against Penalties and Forfeitures 1 Penalties [165.216]. Relief against penalties [165.217]. Non-payment of money [165.218]. Provision for reducing amount payable 2 Forfeitures (7) Equitable Relief in Cases of Fiduciary Relationship 1 Trustees or Persons Regarded as Trustees [165.224]. Express trusts [165.225]. Constructive trusts [165.226]. Resulting trusts [165.227]. Persons in a confidential position [165.228]. Breach of confidence [165.229]. Conflict of duty and interest [165.230]. Purchase of trust property by trustee [165.231]. Trustee not allowed to make a profit [165.232]. Trustee not entitled to remuneration

2 Following Assets (8) Equitable Defences 1 Equitable Set-Off [165.238]. Set-off by statute [165.239]. Set-off in equity [165.240]. Retainer of debt out of legacy or share of residue [165.241]. No set-off against calls in winding up [165.242]. Set-off and assignee of chose in action 2 Release and Waiver 3 Acquiescence 4 Laches 5 Analogy of Statutes of Limitation