Tadrous v Tadrous

[2012] NSWCA 16

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Estoppel
3. › Proprietary estoppel
4. › Encouragement or assurance
5. › Moneys advanced for property development on oral assurances of repayment and transfer of property at cost
6. › Whether expectation sufficient to give rise to equitable estoppel
7. › Whether absence of intention to create legal relations precluded estoppel
1. Equity
2. › Estoppel
3. › Proprietary estoppel
4. › Remedies
5. › Equitable charge over property
6. › Whether equitable charge appropriate where constructive trust impracticable
7. › Interest on moneys secured by charge
8. › Whether compound interest justified in absence of evidentiary basis
1. Appeal
2. › Appellate review of findings of fact
3. › Findings based on credibility of witnesses
4. › Whether findings contrary to incontrovertible facts or glaringly improbable
5. › Fox v Percy standard

Quick Take

An equitable proprietary estoppel may be established notwithstanding that the parties' arrangement was not intended to create legal relations and contained elements insufficiently certain for a valid contract, particularly in a domestic or family context. An equitable charge is an appropriate remedy where a constructive trust would be impracticable. Compound interest on moneys secured by an equitable charge requires an evidentiary basis; absent such evidence, pre-judgment interest at UCPR rates applies.