ABSTRACT
The basic principle between competing equitable interests is that, where the equities are equal in their merits and in all other respects, the prior equity will gain priority (Rice v Rice (1853)). This principle stems from the discretionary operation of equity; the equitable jurisdiction will examine all of the circumstances under which each equity was created in order to determine their relative strengths; if no improper conduct, or other conduct warranting postponement, can be proven, the court will revert to the primacy of priority in time.
