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Sidhu v Van Dyke
[2014] HCA 19
Citation 1
…xercise but to gain the proprietary interest. For that [the claimant] gave up the opportunity of a different career path ”. 97In Sidhu v Van Dyke [2014] HCA 19, (“ Sidhu ”) the High Court considered the question of “ the sufficiency of proof of detrimental reliance required to give rise to a sound claim for reli…
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Equuscorp Pty Ltd v Haxton
[2012] HCA 7
Citation 2
…would be unconscionable for the receiving party to retain the benefit. 111In Equuscorp Pty Ltd v. Haxton (2012) 246 CLR 498 , the judgment of French CJ, Crennan and Kiefel JJ referred at paragraph 30 to the explanation given by the High Court in David Securities Pty Ltd v. Commonwealth Bank of Australia (1992) 175 C…
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Delaforce v Simpson-Cook
[2010] NSWCA 84
Citation 3
…bound. It is a unilateral element of the estoppel and not the price paid for it ” (paragraph 19). 87In Delaforce v Simpson-Cook [2010] NSWCA 84 (“ Delaforce ”), a decision of the New South Wales Court of Appeal, Handley AJA (with whom Allsop P and Giles JA agreed), said that the proprietary estoppel upheld by the…
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Lumbers v W Cook Builders Pty Ltd (in liq)
[2008] HCA 27
Citation 4
…See Lumbers v. W Cook Builders Pty Ltd (in liq.) [2008] HCA 27;(2008), 232 CLR 635 at paragraphs 39 and 53 per Gleeson CJ.…
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Donis v Donis
[2007] VSCA 89
Citation 5
…nce ”. The Court said that this was “ a well recognised variety of estoppel as understood in equity ” (paragraph 6). 86In Donis v Donis [2007] VSCA 89 (“ Donis ”), a decision of the Victorian Court of Appeal, Nettle JA (with whom Maxwell ACJ and Ashley JA agreed), referred to the situation where a person had enco…
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Giumelli v Giumelli
[1999] HCA 10
Citation 6
…n the property or the proceeds of sale. This possible head of claim will not be considered further. 85 Proprietary estoppel: In Giumelli v Giumelli (1999) 196 CLR 101 (“ Giumelli ”), the High Court stated that equitable relief will be granted where it is founded upon, “ an assumption as to the future acquisition of o…
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Flinn v Flinn
[1999] VSCA 109
Citation 7
…d equity may compel the owner to give effect to that expectation in whole or in part ” (paragraph 21). 88 Flinn v Flinn [1999] VSCA 109 (“ Flinn ”), a decision of the Victorian Court of Appeal, was a case where a claim in proprietary estoppel was based upon a promise to leave an interest in a farming property to t…
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David Securities Pty Ltd v Commonwealth Bank of Australia
[1992] HCA 48
Citation 8
…to the explanation given by the High Court in David Securities Pty Ltd v. Commonwealth Bank of Australia (1992) 175 CLR 353 of “ the part played by unjust enrichment in a claim for money had and received (in that case for recovery of a payment made under mistake of law) ”. 112The judgment gave the following summary:…
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Commonwealth v Verwayen
[1990] HCA 39
Citation 9
…some cases the value of the promise may not be the just measure of relief ” noting the statement of Deane J in The Commonwealth v Verwayen (1990) 170 CLR 394 at 441 that, “ There could be circumstances in which the potential damage to an allegedly estopped party was disproportionately greater than any detriment whic…
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Muschinski v Dodds
[1985] HCA 78
Citation 10
…f a relationship between two parties ”. 109Justice Kaye referred to the judgment of Deane J in Muschinki v. Dodds (1986) 160 CLR 583 at 621 where Deane J stated that the “ rationale and operation ” of the relevant equitable principles “is to prevent wrongful and undue advantage being taken by one party of a benefit d…
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Grundt v Great Boulder Pty Gold Mines Ltd
[1937] HCA 58
Citation 11
…or assurance ”. He referred to the judgment of Dixon J (as he then was) in Grundt v Great Boulder Proprietary Goldmines Ltd (1938) 59 CLR 641 at 674-5, where it was stated that: “ It is often said simply that the party asserting the estoppel must have been induced to act to his detriment. Although substantially such…
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Cressy v Johnson
[2009] VSC 52
Citation 12
…are in a personal joint relationship or endeavour characterised by a pooling of assets or resources. In Cressy v. Johnson [2009] VSC 52, Kaye J analysed the relevant High Court decisions. At paragraph 187, Kaye J noted that the decisions “ emphasised that the law does not impose a constructive trust in accordanc…