Hot off the press, and being launched today, is the keenly anticipated new book Principles of Proprietary Remedies by Associate Professor Elise Bant and Emeritus Professor Michael Bryan. It is available for sale through Thomson Reuters (here).
Notably, the book presents a synopsis by Elise Bant and Michael Bryan of the conclusions drawn from the four-year Australian Research Council Discovery Grant project they led, to identify and explore the principles that guide the award of proprietary relief. Their analysis and conclusions are spread over a number of chapters, which set out a consideration of the principles of proprietary remedies, another of defences, bars and discretionary factors, and the writers’ conclusions as to a proposed model for proprietary relief.
The book also includes a collection of essays by leading Australian judges and scholars addressing a range of issues arising in the context of proprietary relief including questions of doctrine and taxonomy and the rationales of proprietary relief, and examining the award of proprietary relief in cases including those of breach of fiduciary duty, theft, fraud, accessorial breaches (Barnes v Addy), estoppel and unjust enrichment.
I highly recommend this book to all readers.