In some legal disputes, the injured party is awarded a sum of money to compensate for the damage caused by the wrongdoer. However, money does not cure all evils. In other cases, often involving contract breaches, justice is best served through non-monetary relief, or equity type remedies. Equitable remedies such as equitable compensation aims to compensate the injured party but other remedies such as injunctive relief, specific performance may have other aims such as keeping the status quo or forcing compliance with a contract. Specific performance suits can include doing something specific, like following through on important contractual terms such as where there was wrongful rescission of a contract for the sale of land. Or they can require that a defendant ceases from doing something that is deemed unlawful or unsafe or in breach of pre-existing rights e.g. restraining a neighbor from bulldozing a rare type of tree on a boundary until the dispute about the fence line is determined.
Equity claims involve the following relief:
Specific performance. If a party to a contract fails to uphold their end of the agreement, they can sometimes be forced to follow through on the agreed upon terms. One common example has to do with the sale of land. If a seller backs out of the sale at the last minute, they can be ordered to complete the purchase.
Restitution. This aims to restore the party to the position it occupied before the relevant wrong. For instance if one party is unjustly enriched at the expense of another restitution should be considered. An example could potentially be where one party pays money over to another under the mistaken belief that it is due at law.
Injunctions. This type of equitable remedy requires a person or entity to either perform or cease to perform certain actions. For instance an injunction could be obtained, subject to satisfying the court of the various elements, to restrain someone publishing information that is false, misleading or deceptive.
Contesting a will. This is a statutory cause of action to seek provision out of an estate where the person is eligible to claim.
If you find yourself embroiled in an equity type dispute, it is important to act promptly and get legal advice as soon as possible. Equity disputes are unlikely to succeed if a party is guilty of delays since the Court takes the view that it should not assist those who sit on their hands. With over 10 years’ experience in handling equity claim disputes in the Sydney area, Litigant can help you understand your rights and get appropriate relief depending upon the case. To find out more, simply call Litigant's litigation lawyers at +61 2 8644 0663 to book a consultation.