A constructive trust arising from proprietary estoppel comes into existence at the time of the conduct giving rise to the trust — when detrimental reliance renders it unconscionable to depart from the promise — not when a court makes a declaration. Consequently, a proceeding to enforce such a trust is a proceeding to recover trust property under s 21(1)(b) of the Limitation of Actions Act 1958 (Vic), and no limitation period applies. The distinction between institutional and remedial constructive trusts drawn in Nolan v Nolan is not applicable in the proprietary estoppel context; the relevant distinction is between proprietary constructive trusts and personal remedies against wrongdoers. Where the detriment involves life-changing decisions of a profoundly personal nature beyond the measure of money, the court is not obliged to consider a lesser remedy than one reflecting the full value of the promise.
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