Proietti v Proietti

The case of *Proietti v Proietti* concerned an appeal from proceedings commenced by summons for the appointment of trustees under section 66G of the *Conveyancing Act 1919* (NSW). The dispute involved the sale of real property held in co-ownership, with the defendant resisting the orders for sale. The appeal was heard by Mitchelmore JA, Basten AJA, and Griffiths AJA.

The primary legal issues before the Court of Appeal were whether the primary judge had denied the defendant procedural fairness, whether certain evidence had been improperly rejected, and whether the primary judge had demonstrated actual or apprehended bias. Further issues included the proper application of principles relating to statutory trusts for partition, promissory estoppel, contract, and proprietary estoppel in the context of co-ownership disputes, as well as the admissibility of further evidence on appeal.

The Court of Appeal found no denial of procedural fairness, noting that the defendant, who was self-represented, had consented to directions in the Online Court and made no applications prior to the hearing. Large parts of the defendant's affidavit were struck out, including material based on speculation about the deceased's state of mind and hearsay evidence regarding the deceased's will, which the court found was properly rejected. The court also rejected claims of actual or apprehended bias, finding that the primary judge's comments were not indicative of bias. The defendant's arguments based on promissory estoppel, contract, and proprietary estoppel were also dismissed, with the court upholding the primary judge's findings of fact regarding the absence of an agreement not to sell before 2023 and the speculative nature of the defendant's "realisation" about improper pressure.

The Court of Appeal dismissed the Notice of Motion and the appeal, ordering that the appellant pay the respondent's costs. However, it set aside one specific order made by the primary judge and, in lieu thereof, ordered a stay of certain other orders for 28 days from the date of judgment.