Delaforce v Simpson-Cook

Case [2010] NSWCA 84



New South Wales


Court of Appeal


CITATION: DELAFORCE v SIMPSON-COOK [2010] NSWCA 84
This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 12/03/2010
 
JUDGMENT DATE: 

20 July 2010
JUDGMENT OF: Allsop P at 1; Giles JA at 5; Handley AJA at 6
DECISION: (1) Appeal allowed in part;
(2) Order 3 in the Equity Division set aside;
(3) In lieu thereof order that the plaintiff’s claim under the Family Provision Act be dismissed;
(4) Appeal otherwise dismissed with costs.
CATCHWORDS: CONTRACT – to leave property by will – effect of – equity. - EQUITY – proprietary estoppel – reasonable reliance – detriment – loss of chance – unambiguous assurance to leave property by will – estoppel established. - ESTOPPEL – proprietary estoppel – reasonable reliance – detriment – loss of chance – unambiguous assurance to leave property by will – estoppel established. - WILL – contract to leave property by – effect of.
LEGISLATION CITED: Family Provision Act 1982
Succession Act 2006
CATEGORY: Principal judgment
CASES CITED: Attorney General of Hong Kong v Humphreys Estate (Queen’s Gardens) Ltd [1987] AC 114
Barnes v Alderton [2008] NSWSC 107
Barns v Barns [2003] HCA 9, 214 CLR 169
Baumgartner v Baumgartner [1987] HCA, 164 CLR 137
Birmingham v Renfrew [1937] HCA 52, 57 CLR 661
Cameron v Murdoch [1983] WAR 321
Chalmers v Pardoe [1963] 1 WLR 677 PC
Cobbe v Yoeman’s Row Management Ltd [2008] 1 WLR 1752
Commonwealth v Verwayen [1990] HCA 39, 170 CLR 394
Crabb v Arun DC [1976] Ch 179 CA
Dable v Peisley [2009] NSWSC 772
Davis Contractors Ltd v Fareham UDC [1956] AC 696
Donis v Donis [2007] VSCA 89
Fifteenth Eestin Nominees Pty Ltd v Rosenberg [2009] VSCA 112
Flinn v Flinn [1999] 3 VR 712 CA
Gillett v Holt [2001] Ch 210 CA
Giumelli v Giumelli [1999] HCA 10, 196 CLR 101
Griffiths v Williams (1978) 248 EG 947
Grundt v Great Boulder Proprietary Gold Mines Ltd [1938] HCA 58, 59 CLR 641
Henderson v Miles (No 2) [2005] NSWSC 867
Henry v Henry [2010] 1 All ER 988 PC,
In re Basham [1986] 1 WLR 1498
Jennings v Rice [2003] 1 P & CR 100 CA
Jervis v Wolferstan (1874) LR 18 Eq 18
Legione v Hateley [1983] HCA 11, 152 CLR 406
Mobil Oil Australia Ltd v Wellcome International Pty Ltd (1998) 81 FCR 475
Muschinski v Dodds [1985] HCA 78, 160 CLR 583
Pascoe v Turner [1979] 1 WLR 431 CA
Plimmer v Mayor of Wellington (1884) 9 App Cas 699
Ramsden v Dyson (1866) LR 1 HL 129
Re Brookman’s Trust (1869) LR 5 Ch Ap 182
Re Goodchild [1996] 1 WLR 694, 700
Re Marsland [1939] Ch 820 CA.
Schaefer v Schuhmann [1972] AC 572
Sledmore v Dalby (1996) 72 P & CR 196 CA
Sullivan v Sullivan [2006] NSWCA 312
Synge v Synge [1894] 1 QB 466 CA

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AGLC
Delaforce v Simpson-Cook [2010] NSWCA 84
Case
[2010] NSWCA 84
Decision Date

CaseChat Overview and Summary

The case of *Delaforce v Simpson-Cook* concerned a dispute following the break-up of a marriage, where the former wife sought to enforce a promise made by her former husband regarding a house property. The promise, made during property settlement negotiations and noted in consent orders of the Family Court, was that the husband would leave the house to the wife in his will, in exchange for her allowing him to retain the property. The husband's last will, however, bequeathed the property to another beneficiary. The former wife appealed the executor's decision to uphold the will, leading to the matter being heard by the Court of Appeal.

The central legal issues before the Court of Appeal were whether the husband's promise had created a proprietary estoppel, and if so, whether equity should enforce the wife's expectation arising from that promise. Specifically, the court had to determine if the wife's reliance on the promise was reasonable and if she had suffered a detriment as a result of that reliance, thereby justifying equitable intervention.

The Court of Appeal found that the wife had indeed relied on the husband's unambiguous assurance that she would inherit the property. This reliance was deemed reasonable, particularly as she had forgone the opportunity to have the Family Court's consent orders specifically incorporate and enforce the husband's promise. The court held that this relinquishment constituted a sufficient detriment. Applying the principles of proprietary estoppel, the court concluded that equity would prima facie enforce the wife's reasonable expectation based on the clear promise made by the husband, and there was no compelling reason to depart from this principle.

Consequently, the Court of Appeal allowed the appeal in part. While the wife's claim under the Family Provision Act was dismissed, the court otherwise dismissed the appeal, upholding the finding that the husband's promise had created an enforceable equitable right.

Orders

Orders of the court

(1) Appeal allowed in part;

(2) Order 3 in the Equity Division set aside;

(3) In lieu thereof order that the plaintiff’s claim under the Family Provision Act be dismissed;

(4) Appeal otherwise dismissed with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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