EQUITY — proprietary estoppel — promise to transfer property once subdivision of land carried out — no separate promise to subdivide the land — where property was held jointly with wife who was not a party to the promises (or the proceedings) — whether reliance in fact and whether any such reliance in the circumstances was objectively reasonable — whether any detriment established — promisee lived on property — promisee carried out some work on the property — promisee forewent opportunity to seek family law settlement with promisor's encouragement — whether any unconscionability on part of promisor resiling from promise — where promise contingent on conditions yet to be fulfilled — HELD — reliance not objectively reasonable as promise predicated on conditions some of which are outside of promisor's control — only detrimental reliance established was foregone opportunity to seek family law settlement — no unconscionability as time for performance of promise yet to arrive
Case Details
Citation[2012] NSWSC 118
CourtNSWSC
JurisdictionNew South Wales
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