Principle

EQUITY AND TRUSTS – Priorities – Competing Equitable Interests – Where Equities Are Equal, First in Time Prevails

Area of law
EQUITY AND TRUSTS
Court
Supreme Court

The equitable maxim "qui prior est tempore potior est jure" (he who is first in time is stronger in law) applies to competing equitable interests. Where both claimants have equitable interests of equal merit, priority is determined by the order of creation—the first in time…

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