Sullivan v. Sullivan (No.2)

The appeal concerned a dispute between the Appellant and the Respondents regarding a property at 24 Greenvale Road, Green Point, New South Wales. The primary issue revolved around the enforceability of a proprietary estoppel claim asserted by the Appellant against the Respondents. The case was heard in the Court of Appeal of New South Wales.

The court was required to determine the appropriate form of order to give effect to a finding of proprietary estoppel in favour of the Appellant. This included considering the terms upon which the Appellant would be entitled to occupy the property and the allocation of costs associated with the proceedings.

The Court of Appeal allowed the appeal, setting aside the orders of the Supreme Court. In lieu of those orders, the court declared that the Third Respondent held the property on trust for the Appellant until 14 November 2013. This trust was to be in priority to the Third Respondent's obligations under any discretionary trust. The terms of the trust included specific obligations for the Appellant to maintain the property, with exceptions for structural work necessitated by the Appellant's actions, fair wear and tear, or events beyond the Appellant's control. The Appellant was also ordered to pay weekly rent, indexed annually. Furthermore, the Respondents were restrained from interfering with the Appellant's quiet enjoyment of the property until the same date. The court also ordered that the First, Second, and Third Respondents pay the Appellant's costs of both the Supreme Court proceedings and the appeal.