Supreme Court
New South Wales
Medium Neutral Citation: Roma Lopeman v WIN Corporation Pty Ltd [2020] NSWSC 1305 Hearing dates: 22, 23, 24, 28 July 2020, further submissions on estoppel, 31 July 2020 Decision date: 28 September 2020 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See para 206
Catchwords: CONTRACTS — Formation — Whether binding agreement existed between the parties —Where defendant provided letter to Council stating that parties had reached in principle agreement regarding the grant of easement by the defendant in favour of the plaintiff — Where parties had negotiated the terms of a Deed providing for the grant of the easement — Whether intention of the parties was not to make a concluded bargain unless and until they executed the Deed —Where the Deed was not signed by the defendant
ESTOPPEL — Promissory or proprietary estoppel — Whether the defendant represented that it agreed to or would grant an easement to the plaintiff— Whether plaintiff relied on such a representation or promise — Where defendant provided letter to Council that parties had reached in principle agreement regarding the grant of easement — Discussion as to appropriate relief if estoppel made out
LAND LAW — Easements — Whether easement should be granted pursuant to s 88K of the Conveyancing Act — Whether easement reasonably necessary — Where alternative access routes potentially available — Where proposed easement provided the safer and more practical route
Legislation Cited: Conveyancing Act 1919 (NSW) s 88K
Evidence Act 1995 (NSW) 29(2)
Cases Cited: 117 York Street Pty Ltd v Proprietors of Strata Plan No 16123 (1998) 43 NSWLR 504
Ashton v Pratt (2015) 88 NSWLR 281
Austotel Pty Ltd v Franklins Selfserve Pty Ltd (1989) 16 NSWLR 582
Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622
Brambles Holdings Ltd v Bathurst City Council (2001) 53 NSWLR 153
Caringbah Investments Pty Ltd v Caringbah Business and Sports Club Ltd (in liq) [2016] NSWCA 165
Commonwealth of Australia v Verwayen (1990) 170 CLR 394
Construction Technologies Australia Pty Ltd v Doueihi [2014] NSWSC 1717; 17 BPR 33,457
Crabb v Arun District Council [1976] Ch 179; [1975] 3 All ER 865
Dillwyn v Llewelyn (1862) 4 De GF & J 517; 45 ER 1285
Electricity Generation Corporation t/as Verve Energy v Woodside Energy (2014) 251 CLR 640
Feldman v GNM Australia Ltd [2017] NSWCA 107
Giumelli v Giumelli (1999) 196 CLR 101
Gordon v Lever (No 2) [2019] NSWCA 275
GR Securities Pty Ltd v Baulkham Hills Private Hospital Pty Ltd (1986) 40 NSWLR 631
Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641
Kelly v Fraser [2013] 1 AC 450
Koompahtoo Local Aboriginal Land Council v Sanpine Pty Ltd (2007) 233 CLR 115
Left Bank Investments Pty Ltd v NgunyaJarjum Aboriginal Corporation [2020] NSWCA 144
Keep reading for free
Create a free CaseChat account to read Roma Lopeman v WIN Corporation Pty Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] NSWSC 1305
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether a binding agreement existed between the parties, and if so, whether promissory or proprietary estoppel applied to prevent WIN Corporation from denying the existence of such an agreement. Additionally, the court had to consider whether an easement should be granted pursuant to s 88K of the Conveyancing Act, given the alternative access routes potentially available.
The court found that while the parties had reached an in-principle agreement and Roma had reasonably relied on the letter provided by WIN to the Council, the intention of the parties was not to create a binding agreement unless and until the Deed was executed. However, the court found that promissory estoppel applied, preventing WIN Corporation from denying the existence of the agreement. The court also found that an easement should be granted pursuant to s 88K of the Conveyancing Act, as the proposed easement provided the safer and more practical route.
The court ordered that an easement be granted to Roma over the relevant portion of WIN's property, and that the terms of the easement be set out in a Deed to be executed by the parties. The court also ordered that WIN Corporation pay Roma's costs of the proceedings.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.