Not Available for Download

Singapore's Remedial Constructive Trust: Lessons from Australia?

Posted: 14 Mar 2015 Last revised: 19 Mar 2015

Man Yip

Singapore Management University - School of Law; Singapore Management University - School of Law

Date Written: 2014

Abstract

Although Singapore equity was historically derived from and remains reliant on English equity, in recent years, the Singapore courts have not always followed in the footsteps of English law. One such instance is Singapore’s embrace of the remedial constructive trust. Presently, Singapore law is still in the process of working out its model of remedial constructive trust in two key aspects. The first aspect relates to the scope of the remedial constructive trust; and the second aspect concerns the principles governing the exercise of remedial discretion. This paper considers what Singapore law can and should learn from the Australian experience. Whilst there are key points of reference that can be taken from the Australian jurisprudence, there are also some fundamental distinctions between Singapore law and Australian law that would prevent a direct and automatic transplantation of Australian principles. Indeed, there remain some unresolved issues within the Australian framework of remedial constructive trust.

Suggested Citation

Yip, Man, Singapore's Remedial Constructive Trust: Lessons from Australia? (2014). Journal of Equity, Vol. 8, pp.77-107, 2014; Singapore Management University School of Law Research Paper No. 42/2015. Available at SSRN: https://ssrn.com/abstract=2577650

Man Yip (Contact Author)

Singapore Management University - School of Law

55 Armenian Street
Singapore, 179943
Singapore

Singapore Management University - School of Law

55 Armenian Street
Singapore, 179943
Singapore

Paper statistics

Abstract Views
395