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Can KDR/ASIC prevent MZN profiteering from this legal saga?, page-110

  1. 2,813 Posts.
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    Yep the doctrine of 'clean hands' will be interesting, but the more important doctrine in this case is 'laches' IMHO.

    "Laches (/ˈlætʃᵻz/, la-chəz, like "latches"; /ˈleɪtʃᵻz/, lay-chəz; Law French: "remissness", "dilatoriness", from Old French laschesse) refers to a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, in particular with regard to equity; hence, it is an unreasonable delay that can be viewed as prejudicing the opposing [defending] party. When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has "slept on its rights," and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff's claim. Laches is associated with the maxim of equity, "Equity aids the vigilant, not the sleeping ones [that is, those who sleep on their rights]." Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches."

    That presumes that an "agreement to make a formal agreement (aka HOA) to make a contract" can be proven in the first instance........ and that brings into argument other laws of both statutory and general, for instance Agency Law and the Corporations Act...... Contract Law nothwithstanding.

    Those that push shyte up hill often get left covered with shyte when the hill is too steep.

    Cheers
    Last edited by mainholm: 17/05/17
 
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