Harrison v Harrison

In the matter of Harrison v Harrison, the dispute arose between siblings, with the respondents seeking relief based on proprietary estoppel. The respondents contended that their brother, the appellant, had promised to provide for them from a bequest he received from their father’s will. These promises induced the respondents not to seek provision under Part IV of the Administration and Probate Act 1958 (Vic). The case was heard in the Court of Appeal, which was tasked with addressing several legal issues, including the appropriate relief for proprietary estoppel and the definition of the expectation in these circumstances.

The court examined whether the respondents had a legitimate expectation that the appellant would provide for them from the bequest, and if so, the extent to which this expectation should be satisfied. A significant aspect of the appeal was the nature of the relief in proprietary estoppel cases, particularly the moulding of relief as discussed in Donis v Donis and Delaforce v Simpson-Cook. The respondents argued for a more comprehensive fulfilment of their expectation, whereas the appellant contended that the expectation was too vague to warrant such relief. The court also considered whether the respondents suffered a loss of chance due to their reliance on the appellant’s promises.

The Court of Appeal found that the respondents had indeed been induced by the appellant's promises, and their expectation was sufficiently defined to warrant relief. However, the court held that the expectation did not extend to a comprehensive provision from the bequest, and instead, the relief should be moulded to balance the respondents’ reliance on the appellant’s promises against the appellant’s entitlement to the bequest. The court dismissed the appeal, upholding the lower court’s decision on the facts and the relief granted.