Stone v Stone

In the case of Stone v Stone, the dispute before the court involved issues of co-ownership and the application of the Conveyancing Act 1919 (NSW) to partnership land. The primary issue was whether the partnership land in question was considered "property (other than chattels)" and held in "co-ownership" within the meaning of section 66G of the Act. This section allows for the appointment of trustees for the sale of property when there is an impasse among co-owners. The court was also required to determine if equitable estoppel principles could apply to prevent the respondent from dealing with the partnership land in a certain way, despite the absence of a formal promise or representation.

The court's reasoning involved an examination of the nature of partnership assets and whether they could be classified as "property" under the Act. It was found that the partnership land was indeed "property" and held in co-ownership. The court also considered whether the respondent's actions constituted a detriment that could give rise to an estoppel by encouragement. The court held that while there was an expectation based on an informal promise to leave the land in a will, there was no established detrimental reliance on the part of the applicant. Additionally, the court noted that the partnership was effectively dissolved, and the partners had dealt with the partnership assets without seeking formal winding up or an account.

The court declined to appoint trustees for sale of the partnership land, finding that there was no basis for the application under section 66G. Furthermore, the court held that the principles of equitable estoppel did not apply in this case, as the detriment required to establish estoppel by encouragement was not present. The court's decision was that the application for the appointment of trustees for sale should be dismissed.