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Sidhu v Van Dyke
[2014] HCA 19
Citation 1
…xercise but to gain the proprietary interest. For that [the claimant] gave up the opportunity of a different career path ”. 65In Sidhu v Van Dyke [2014] HCA 19, (“ Sidhu ”) the High Court considered the question of “ the sufficiency of proof of detrimental reliance required to give rise to a sound claim for reli…
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Delaforce v Simpson-Cook
[2010] NSWCA 84
Citation 2
…37In Delaforce v Simpson-Cook [2010] NSWCA 84 (“ Delaforce ”), a decision of the New South Wales Court of Appeal, Handley AJA (with whom Allsop P and Giles JA agreed), said that the proprietary estoppel upheld by the trial judge was an “ estoppel by encouragement. Such an estoppel comes into existence when an owne…
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Donis v Donis
[2007] VSCA 89
Citation 3
…nce ”. The Court said that this was “ a well recognised variety of estoppel as understood in equity ” (paragraph 6). 36In Donis v Donis [2007] VSCA 89 (“ Donis ”), a decision of the Victorian Court of Appeal, Nettle JA (with whom Maxwell ACJ and Ashley JA agreed), referred to the situation where a person had enco…
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Giumelli v Giumelli
[1999] HCA 10
Citation 4
…Proprietary estoppel – legal principles 35In Giumelli v Giumelli (1999) 196 CLR 101 (“ Giumelli ”), the High Court stated that equitable relief will be granted where it is founded upon, “ an assumption as to the future acquisition of ownership of property which has been induced by representations upon which there had…
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Flinn v Flinn
[1999] VSCA 109
Citation 5
…matters are established equity may compel the owner to give effect to that expectation in whole or in part ” (paragraph 21). 38 Flinn v Flinn [1999] VSCA 109 (“ Flinn ”), a decision of the Victorian Court of Appeal, was a case where a claim in proprietary estoppel was based upon a promise to leave an interest in a…
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Commonwealth v Verwayen
[1990] HCA 39
Citation 6
…some cases the value of the promise may not be the just measure of relief ” noting the statement of Deane J in The Commonwealth v Verwayen (1990) 170 CLR 394 at 441 that, “ There could be circumstances in which the potential damage to an allegedly estopped party was disproportionately greater than any detriment whic…
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Muschinski v Dodds
[1985] HCA 78
Citation 7
…retention of a “ windfall ” which has resulted from unexpected circumstances, for example the collapse of a joint endeavour ( Muschinski v Dodds (1985) 160 CLR 583), or a breakdown in relations ( Henderson v Miles (No. 2) [2005] NSWSC 367). 162In my view, for the reasons adopted by Handley AJA at paragraph 53 of Del…
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Grundt v Great Boulder Pty Gold Mines Ltd
[1937] HCA 58
Citation 8
…assurance ”. He referred to the judgment of Dixon J (as he then was) in Grundt v Great Boulder Proprietary Goldmines Ltd (1938) 59 CLR 641 at 674-5, where it was stated that: “ It is often said simply that the party asserting the estoppel must have been induced to act to his detriment. Although substantially such a…