SUPREME COURT OF QUEENSLAND
CITATION: Nendy v Armstrong & Ors [2020] QSC 380 PARTIES: PHILIP YEWIM NENDY (applicant) v
FRANCIS ARMSTRONG AS ADMINISTRATOR FOR
THE ESTATE OF THE LATE TERENCE KENNETH
BRIDGES(first defendant) SHARON ANN WATSON, GAIL MAREE GERRISH,
DEBRA LEE LAMB, SUZANNE BUCHMEULLER,
JACQUELINE HUMPHREYS, JANET KATHLEEN
ROSS AND SCOTT ANDREW HUMPHREYS(second defendants) FILE NO: BS 14192 of 2019 DIVISION: Trial Division DELIVERED ON: 18 December 2020 DELIVERED AT: Brisbane HEARING DATE: 22 and 23 October 2020 JUDGE: Holmes CJ ORDERS:
1. The second defendants’ counterclaim is dismissed. 2.
The property at 37 Pine Street Hamilton is declared to be held on trust for the applicant, with the orders giving effect to that trust to be determined after submissions.
CATCHWORDS:
ESTOPPEL – ESTOPPEL BY CONDUCT – EQUITABLE ESTOPPEL GENERALLY – where a property at Hamilton (“the Property”) is registered in the name of Mr Terence
Bridges, the deceased – where the applicant seeks a declaration that the Property is held on trust for him, and an order for transfer of its title to him – where the applicant claims an equitable estoppel in respect of the Property on the basis that he financially and materially supported the deceased over a 20
year period in reliance on the deceased’s verbal promise that he would leave the Property to the applicant – where the
second defendants contend that s 59 of the Property Law Act 1974 precludes an equitable estoppel from arising because the
promise was not in writing – whether the applicant has established a right to relief based on proprietary estoppel LIMITATION OF ACTIONS – LIMITATION OF PARTICULAR ACTIONS – LAND – ADVERSE POSSESSION – WHAT AMOUNTS TO ADVERSE
POSSESSION – GENERALLY – where the second defendants assert a right to the Property on the basis that their grandmother, Mrs Humphreys, acquired the Property by adverse possession and left it by will to their father, who in
turn left it to them – where Mrs Humphreys occupied the Property with the permission of the deceased for a period spanning over 20 years, beginning in about June 1974 – where the second defendants contend that this arrangement should be characterised as a tenancy at will which was determined at the
expiration of one year, such that the deceased’s title to the Property was extinguished in about June 1987 by virtue of ss 13 and 24(1) of the Limitation of Actions Act 1974 – where the applicant contends that Mrs Humphreys lived at the property with the consent of the deceased, so that time could not begin to run for the purposes of s 13 of the Limitations of Actions Act
1974 – where the applicant contends that any right Mrs Humphreys had arising out of adverse possession was a personal right which entitled her only to make an application
to be registered – whether Mrs Humphreys was a licensee or a tenant at will – whether Mrs Humphreys, and consequently the
second defendants, acquired the Property through adverse
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- AGLC
- Nendy v Armstrong [2020] QSC 380
- Case
- [2020] QSC 380
- Decision Date
CaseChat Overview and Summary
The central legal issues in this case were whether the applicant had established a valid claim to the property and whether the doctrine of estoppel applied to prevent the second defendants from asserting their ownership. The court needed to determine if the applicant had demonstrated that he had a sufficient equity in the property and if the second defendants had acted in reliance on any representations or conduct that would estop them from claiming ownership.
The court found that the applicant had established a valid claim to the property, as he had provided evidence of a prior agreement with Mr Terence that he would receive the property. The court further held that the second defendants were estopped from asserting their ownership of the property due to their conduct and representations. They had acted in reliance on the applicant's representations that he would receive the property, and it would be inequitable to allow them to assert their ownership now. As a result, the second defendants’ counterclaim was dismissed, and the property was declared to be held on trust for the applicant.
The court ordered that the second defendants’ counterclaim be dismissed and that the property be held on trust for the applicant, with further orders to be determined after submissions.
Orders
Orders of the court
1.
The second defendants’ counterclaim is dismissed.
2.
The property at 37 Pine Street Hamilton is declared to be held on trust for the applicant, with the orders giving effect to that trust to be determined after submissions.
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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