› whether first defendant is estopped from asserting that the assignment to her was absolute or other than as trustee
› whether defendants knowingly induced an expectation in plaintiffs that defendant would take assignment of charge as trustee
› whether plaintiffs acted in reliance on that expectation
› whether distrust between parties negatives reliance on representation
› whether absence of writing precludes a finding of equitable estoppel
Sale of Land
› requirement for writing
› whether an agreement between two or more parties to purchase land from a third party is an agreement for the sale or other disposition of land
› whether an agreement that a person is to hold land as trustee upon its purchase is an agreement for the sale or other disposition of land
› whether requirement for writing affects interest by way of equitable estoppel
Misleading and Deceptive Conduct
› (NSW) Fair Trading Act 1984, s 42
› whether representations made by defendants to plaintiffs that first defendant would take assignment as trustee for them amounted to misleading and deceptive conduct
› where representations were as to a future matter
› whether defendants had reasonable grounds for making representations
Evidence
› where first defendant did not give evidence
› permissible inferences from failure to give evidence.
Case Details
Citation[2008] NSWSC 1093
CourtNSWSC
JurisdictionNew South Wales
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