EQUITY

Where doctrine of res judicata barred action, equitable claims, claims regarding oral representations made by government officials, and claims that the government forfeited its title need not be reached. A.S.G. v. Meredith, et al., 1 A.S.R.3d 14 (1997).

The High Court of American Samoa is guided by the tenets and principles of equity in all matters within the court's jurisdiction. The concept of equity is founded on the basic precepts of "common honesty, clear fairness and good conscience." G.H.C. Reid & Co. v. K.M.S.T., 1 A.S.R.3d 82 (1997).

Fraud shall not prevail, substance shall not give way to form, and technical considerations will not prevent substantial justice from being done. Where a transaction is "festooned" with the "badges of fraud," the court may set aside the fraudulent conveyance, and permit the plaintiff creditor to satisfy partially its judgment from the asset. G.H.C. Reid & Co. v. K.M.S.T., 1 A.S.R.3d 82 (1997).

As a matter of equity, the court will not remain idle and implicitly condone a fraudulent attempt to hide assets from creditors. To hold otherwise would encourage a proliferation of asset transfers from debtors to friends and family members, and seriously undermine the stability of the local economy. G.H.C. Reid & Co. v. K.M.S.T., 1 A.S.R.3d 82 (1997).

Where the law is inadequate, the court may utilize its equitable powers to contrive new remedies. G.H.C. Reid & Co. v. K.M.S.T., 1 A.S.R.3d 82 (1997).