Following the High Court's obiter in Con-Stan, an estoppel by convention in Australia requires a common assumption as to fact, not merely as to the legal effect of an agreement or private rights. Contractual provisions requiring written agreement for variation do not preclude estoppel by convention from arising. In petroleum joint ventures, the operator's costs of defending proceedings challenging its accounting practices are costs 'with respect to' downstream operations recoverable from the joint operating account.
The full text is available to signed-in members, including the 23 later cases that cite this judgment.
3 of the 23 citing cases carry a classified treatment. How each court treated it is available to signed-in members.