Richardson v Lindsay

[2019] NSWCA 148

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Estoppel
3. › Promissory estoppel
4. › Representation
5. › Consent to variation of family arrangement
6. › Whether representation sufficiently clear and unambiguous
7. › Whether reliance and detriment established
1. Equity
2. › Estoppel
3. › Proportionality
4. › Whether harm to estopped party disproportionate to detriment suffered by party relying on representation
1. Equity
2. › Family arrangements
3. › Deed of family arrangement
4. › Conditional gift for purchase of property
5. › Whether equitable charge arose
6. › Whether breach of deed by move to different property
1. Appeal
2. › Fact finding
3. › Credit-based findings
4. › Appellate review of trial judge's acceptance of evidence
5. › Whether basis identified for rejecting findings
6. › Fox v Percy (2003) 214 CLR 118

Quick Take

In assessing detriment for promissory estoppel, it is generally unnecessary and inappropriate to examine whether the representee's overall position improved; a substantial change in financial position and accommodation that would not have occurred but for the representation constitutes sufficient detriment.