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The jurisdiction of Equity
Court has been classified as follows:-
1.
Exclusive
Jurisdiction.
2.
Concurrent
Jurisdiction.
3.
Auxiliary
Jurisdiction.
1.
Exclusive
Jurisdiction:
In many case, a claimed by a plaintiff would only be
enforceable in a court of chancery. In these cases, when the court of chancery
granted relief, it was said to be exercising its exclusive jurisdiction. The
jurisdiction was exclusive because only chancery recognized it, the common law
did not provide such relief for such rights.
For example, rights of persons claiming under uses and
trusts, rights of a married woman in relation to property for her separate use,
mortgages, right of redemption of a mortgage etc.
2.
Concurrent
Jurisdiction:
Cases wherein the plaintiff has his option, he could
proceed either at the common law courts or at the chancery court. In some
situation, a single set of fact will give rise the both
legal and equitable actions. When equity provides as would have been issued at
common law. That was concurrent jurisdiction. But the method and manner of
equity was more effective than common law courts.
For example, fraud, accident, mistake, partnership,
recovery of specific Chattels, specific performance of contracts, set off etc.
3.
Auxiliary
Jurisdiction:
Where the equitable jurisdiction did not have
concurrent jurisdiction over a legal right, auxiliary jurisdiction was
exercised in there, in order to assist the defective procedure at common law
for giving better and effective justice. In these cases equity was unable to
provide any actual relief. But it could only grant aid in the enforcement of
the right.
For example, the Court of Chancery did not itself
adjudicate upon the validity of plaintiff’s claim. The adjudication was made by the common law courts. But Chancery Court
could help common law court before the adjudication.
In Cervisy vs Cervisy, 1982, 2 NSWLR 567. Case
it was held that the claimant must establish that damages are not and adequate
remedy thus would be a ground under which court exercise its auxiliary
jurisdiction.