Nydegger v McKenzie

The case of *Nydegger v McKenzie* concerned a dispute between a mother and daughter regarding a property held on trust for the daughter, subject to a life interest retained by the mother. A significant rift had developed between the parties. The daughter sought equitable relief concerning the trust property.

The central legal issue before the Court of Appeal of New South Wales was whether the daughter, as a condition of receiving equitable relief, should be required to make some provision in favour of her mother, invoking the equitable maxim "he who seeks equity must do equity."

The Court considered the application of the maxim in the context of the parties' relationship and the nature of the trust. It was held that the maxim could be invoked to ensure fairness and prevent a party from obtaining equitable relief while acting inequitably towards the other party in relation to the subject matter of the dispute. The court's reasoning focused on the need for the daughter to act equitably towards her mother, particularly given the mother's retained life interest and the breakdown in their relationship.

The Court of Appeal made orders in the matter, the specifics of which are detailed in paragraph 62 of the judgment.