A claim based on promissory estoppel or unconscionable conduct is not necessarily hopeless merely because a promised subdivision has not yet occurred or because a third party holds an interest in the property, as equitable compensation remains available as an alternative remedy. Trial judges should not summarily dismiss claims without hearing evidence, particularly where a litigant in person has prepared for trial. The limits of Public Trustee v Kukula (1990) 14 Fam LR 97 may warrant future reconsideration.
The full text is available to signed-in members, including the 1 later case that cites this judgment.