ESTOPPEL - estoppel by convention - where plaintiff adopted assumption that it would have exclusive occupation of certain area on defendants' premises for five-year term with further five-year option - where individual defendants made no assumption as to the period of plaintiff's exclusive occupation - parties' different assumptions fatal to conventional estoppel claim
CONTRACTS - general contractual principles - where one defendant co-owner of property given authority to negotiate terms of occupancy by plaintiff but no authority to enter into agreement on other defendant co-owners' behalf - agreement as to some essential terms reached but parties lacked intention to enter into binding legal relations - no binding contract formed
REMEDIES - equitable proprietary estoppel - power to order defendant to execute lease on certain terms - illegality - where defendants claimed grant of lease as sought by plaintiff would result in illegal use of property - relief conditional upon plaintiff obtaining regulatory approval from council
Case Details
Citation[2014] NSWSC 1717
CourtNSWSC
JurisdictionNew South Wales
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