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OverviewIn this book Professor Denis Ong, author of the acclaimed works Trusts Law, Ong on Equity and Ong on Specific Performance, addresses the complexities of the equitable doctrine of Subrogation. This lucid text ranges over all areas where the doctrine is most commonly applied – insurance, trusts and the administration of estates, and sureties. \nGenerally, the key principles of law are identified and the key cases, across Australian and international jurisdictions, discussed in detail. \nOng on Subrogation has been cited in the Victorian Court of Appeal in Commonwealth v Byrnes and Hewitt [2018] VSCA 41 (a decision of a five-member bench of the Court): \n104. More recently, Ong, (1) frankly designates the High Court’s decision ‘inaccurate’. He concludes that due to its ‘disappointing’ and fundamentally mistaken omission to acknowledge and apply the established distinction between exoneration and recoupment, the plurality made inaccurately wide statements, which unduly restricted the respective entitlements of both trust and non-trust creditors. Ong acknowledges, that, at one point at least, the plurality seem to suggest that the trustee’s charge securing the right of indemnity enures for the benefit of all its creditors. Ong considers that to be contrary to the fundamental, purpose-restricted nature of that right. Ong states that on the basis of the established principles articulated in In re Richardson, the High Court should have clearly endorsed the trust creditors’ unique access to the right of indemnity in its exoneration aspect. \n(1) Denis Ong, Ong on Subrogation (Federation Press, 2014) 33–8. Full Product DetailsAuthor: Denis SK Ong (Bond University, Australia)Publisher: Federation Press Imprint: Federation Press Dimensions: Width: 15.60cm , Height: 2.00cm , Length: 23.40cm Weight: 0.458kg ISBN: 9781862879799ISBN 10: 1862879796 Pages: 300 Publication Date: 24 October 2014 Audience: Professional and scholarly , College/higher education , Professional & Vocational , Tertiary & Higher Education Format: Hardback Publisher's Status: Active Availability: In stock  We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately. Table of Contents* View Detailed Table of Contents PrefaceTable of CasesTable of Statutes 1. What is Subrogation? 2. Subrogation to Trustee's Right of Indemnity 3. Insurer's Right of Subrogation 4. Payer's Right of Subrogation 5. Ultra Vires Borrowings - Lender's Right of Subrogation 6. Third Party Payer with No Right of Subrogation IndexReviewsDr Ong's study of the law of subrogation is a useful handbook addressing in turn each of the contexts in which one party may become subrogated to a second party rights against a third party, ie entitled to exercise those rights without assignment. The beneficiaries of the doctrine of subrogation include insureds, trust creditors and sureties, each of whom are considered among others in this study. In addressing this topic in a systematic way, this study delivers a clarity often sought by practitioners to what Dr Ong describes in the preface as an otherwise 'tumultuous' doctrine. - Queensland Law Reporter - 19 December 2014 - [2014] 49 QLR Author InformationDenis Ong is a Professor of Law at Bond University. Tab Content 6Author Website:Countries AvailableAll regions |
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