Kiddle & Daher

In the Federal Circuit and Family Court of Australia, Ms Kiddle filed a statement of claim against Mr Daher and Mr G Daher, asserting claims for equitable estoppel, constructive trust, and resulting trust in relation to two parcels of real estate. The respondents denied the allegations and contended that the statement of claim should be struck out for deficiencies. Wilson J struck out the statement of claim with leave to amend, finding that the statement of claim was defective in several respects. The applicant failed to provide sufficient particulars to support her claims and allegations. The Court held that the applicant must plead the details of the representations, detriment, and other elements of her equitable estoppel claims. The applicant also failed to properly plead the existence of a constructive trust or resulting trust. The Court held that the respondents should not be forced to guess the nature of the trust alleged. The Court also found that the proceeding should not be dismissed in its entirety, and granted the applicant leave to file an amended statement of claim by a specified date. The further hearing of the proceeding was adjourned for directions.