Jobema Pty Ltd v Zacaropoulos

[2018] NSWCA 235

NSW Court of Appeal

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Interrogate

Catchwords

1. Estoppel
2. › Estoppel by convention
3. › Mutual assumption as to terms of legal relationship
4. › Whether common assumption established
5. › Whether party had knowledge of or acquiesced in practice of diverting dividend entitlements
1. Practice and Procedure
2. › Summary judgment
3. › Test for summary judgment
4. › High degree of certainty about ultimate outcome
5. › Whether arguable defence of conventional estoppel
6. › Whether primary judge erred in rejecting arguable defence
1. Practice and Procedure
2. › Court of Appeal
3. › Leave to appeal
4. › Interlocutory decision
5. › Summary judgment

Quick Take

Where a respondent to a summary judgment application has received tax returns disclosing income substantially exceeding cash received, this raises a sufficient question as to knowledge of dividend distribution practices to preclude summary judgment on a conventional estoppel defence.

Case Details

Citation[2018] NSWCA 235

CourtNSWCA

JurisdictionNew South Wales

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Relies on3

2018In the matter of Jobema Pty LtdNSWSC 856
2006Batistatos v Roads and Traffic Authority of New South WalesHCA 27
2000Agar v HydeHCA 41

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