Carpathian Resources Ltd v Geological and Corporate Management Pty Ltd

[2005] WASCA 104

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Pleadings
3. › Further and better particulars
4. › Request for particulars of services provided
5. › Whether particulars unnecessary and irrelevant to estoppel by conduct plea
6. › Whether particulars relevant to moulding equitable relief
1. Practice and Procedure
2. › Interlocutory appeals
3. › Leave to appeal
4. › Whether decision attended with sufficient doubt
5. › Whether substantial injustice if decision unreversed
6. › Rules of the Supreme Court (WA), O 63A
1. Equity
2. › Estoppel
3. › Estoppel by conduct
4. › Moulding equitable relief to circumstances of particular case
5. › Whether relief limited to enforcement of representation or may be something less
6. › Relevance of value of services provided to scope of relief

Quick Take

Where an estoppel by conduct is pleaded, the party against whom the estoppel is asserted is entitled to particulars of the services or performance relied upon, because equitable relief may be moulded to the circumstances and need not extend to full enforcement of the representation. The value of services provided is relevant to the scope of relief and is a proper subject of a request for further and better particulars.