Yang v Yang

The parties in Yang v Yang were a husband and wife, the plaintiff and defendant respectively, who were in dispute over the ownership of a property. The dispute arose from the husband's purchase of the property during the marriage using his wife's funds in breach of fiduciary duty. The case was heard in the Family Court of Australia. The legal issues before the court were whether the wife was entitled to proprietary relief and, if so, what form that relief should take. The court was required to consider the maxim "he who seeks equity must do equity" and whether the wife had acted equitably in the circumstances.

The court held that the husband's purchase of the property in breach of fiduciary duty constituted a wrong which gave rise to an equitable obligation on his part to account for the profits derived from the property. The court found that the wife was entitled to an account of profits, tracing, and equitable compensation. The court rejected the husband's argument that the wife's own misconduct should prevent her from receiving equitable relief. The court found that the wife's actions did not go to the root of the claim and did not amount to a denial of equity.

The court ordered that the husband account for the profits derived from the property and pay equitable compensation to the wife. The court also ordered that the property be transferred to the wife, subject to any existing mortgage. The court found that the wife was entitled to equitable relief despite her own misconduct, as her actions did not go to the root of the claim. The court emphasised the importance of the maxim "he who seeks equity must do equity" and held that the wife had acted equitably in the circumstances.