| SUPREME COURT OF VICTORIA COURT OF APPEAL | |
| S EAPCI 2022 0037 | |
| STUART GRAEME LAIRD | Applicant |
| v | |
| LACHLAN JAMES VALLANCE (AS ADMINISTRATOR FOR THE ESTATE OF ELLEN DOUGLAS LAIRD, DECEASED) | Respondent |
| S EAPCI 2022 0040 | |
| NEALE DOUGLAS LAIRD | Applicant |
| v | |
| LACHLAN JAMES VALLANCE (IN HIS CAPACITY AS ADMINISTRATOR FOR THE ESTATE OF ELLEN DOUGLAS LAIRD, DECEASED) | Respondent |
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| JUDGES: | BEACH and OSBORN JJA |
| WHERE HELD: | Melbourne |
| DATE OF HEARING: | 30 May 2023 |
| DATE OF JUDGMENT: | 8 June 2023 |
| MEDIUM NEUTRAL CITATION: | [2023] VSCA 138 |
| JUDGMENT APPEALED FROM: | [2021] VSC 352 (McMillan J) |
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ESTOPPEL – Proprietary estoppel – Representations allegedly made by parents to one son that farm would pass to him – Whether representations ambiguous – Whether representations made – Whether reasonable for son to rely on alleged representations – Whether judge erred in failing to find that farm held on constructive trust for son – No error made by judge – Application for leave to appeal refused.
ESTOPPEL – Proprietary estoppel – Representations allegedly made by parents to different son that farm would pass to him and other claimant son on the retirement or passing of parents – Farm left to both sons in parents’ wills – Whether representations made – Whether judge erred in considering representations separately – Parents’ representations ultimately fulfilled by leaving farm to sons in wills – No failure by parents to adhere to representations – No error by judge in dismissing proceeding – Application for leave to appeal refused.
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| Counsel | ||
| Applicant (Stuart Graeme Laird): | Mr PG Cawthorn KC with Mr S Thomas | |
| Applicant (Neale Douglas Laird): | Mr SD Hay KC with Ms R Grayson Morison | |
| Respondent: | Mr DV Aghion KC with Mr PD Reynolds | |
Solicitors | ||
| Applicant (Stuart Graeme Laird): | Andrews Legal Group | |
| Applicant (Neale Douglas Laird): | MST Lawyers | |
| Respondent: | Hicks Oakley Chessell Williams | |
BEACH JA
OSBORN JA:
In 1948, Keith and Ellen Laird married. They had seven children: Stuart, David, Eric, Clyde, Neale, Susan and Euan. In 1971, Keith and Ellen purchased a farm known as ‘Harkaway’. They lived at Harkaway for the balance of their lives. For many years, Neale lived at Harkaway and ran cattle on the property and Stuart operated a plant nursery on part of the property.
In 2012, Keith died. In 2018, Suzanne Lyttleton was appointed as the administrator of Ellen’s estate, due to Ellen’s declining cognitive function. During the administration of Ellen’s estate, Ms Lyttleton encountered difficulties in accessing liquid funds, and made a decision that Harkaway should be sold to provide for Ellen’s urgent care needs.
In 2020, three proceedings were commenced in the Trial Division relating to Harkaway:
(a)Ellen, by her administrator, commenced a proceeding against Neale and Stuart, pursuant to Order 53 of the Supreme Court (General Civil Procedure) Rules 2015, seeking summary possession of Harkaway;
(b)Neale commenced a proceeding against Ms Lyttleton as Ellen’s administrator, in which he claimed that Harkaway was held on a constructive trust for him; and
(c)Stuart commenced a proceeding against Ellen by her administrator, Ms Lyttleton, in…
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- AGLC
- Laird v Vallance [2023] VSCA 138
- Case
- [2023] VSCA 138
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the parents made any representations regarding the ownership of the farm, and if so, whether these representations were ambiguous. The court also had to consider whether the sons had reasonably relied on any representations made. Additionally, the court examined whether the judge had erred in failing to find that the farm was held on a constructive trust for the sons and whether the judge had erred in considering the representations separately. The central issue was whether the parents' representations were ultimately fulfilled by leaving the farm to the sons in their wills.
The court found that the parents had indeed made representations to both sons, but these representations were not ambiguous. The court held that it was reasonable for the sons to rely on the representations made by their parents. However, the court determined that the parents' representations were ultimately fulfilled by leaving the farm to both sons in their wills. Consequently, there was no failure by the parents to adhere to their representations. The court found no error in the judge's decision, and both the sons' claims for proprietary estoppel were dismissed. The application for leave to appeal was also refused.
The final orders of the court were that the application for proprietary estoppel was dismissed and the application for leave to appeal was refused. The farm remained vested in the sons as per the parents' wills.
Orders
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Background
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