Slade v Brose

The appeal concerned representations made by the appellants, parents, to the respondents, their daughter and son-in-law, regarding ownership of farming properties and an interest in a family farming business. Following a significant deterioration in their relationship, the appellants retracted these representations. The appeal was heard by Ward P, White and Stern JJA.

The central legal issues before the Court were whether the representations made by the appellants were sufficient to establish a proprietary estoppel, whether the respondents reasonably relied on these representations, and whether they suffered detriment as a result. A further issue was whether the representations were conditional, such that the subsequent breakdown in the relationship rendered the appellants' departure from them not unconscionable. The Court also considered whether leave to appeal was required for a cross-appeal solely concerning costs.

The Court dismissed the appeal with costs. It granted leave to cross-appeal and allowed the cross-appeal with costs, setting aside the primary judge's order that each party bear their own costs. The Court reasoned that while the respondents were substantially successful at first instance, they did not obtain all the relief sought. Consequently, the Court re-exercised its discretion on costs, ordering that the defendants (appellants) pay 75% of the plaintiffs' (respondents') costs of the proceedings at first instance, subject to any prior costs orders.