The Court struck out the plaintiff's statement of claim for failure to plead material facts necessary to establish a constructive trust based on estoppel by encouragement, but declined to summarily dispose of the proceedings, preserving the plaintiff's right to amend and replead. The Court ordered removal of caveats under s 90(3) of the Transfer of Land Act 1958 (Vic), finding that the plaintiff had not demonstrated a serious question to be tried as to her claimed interest in the property and that, in any event, the balance of convenience favoured removal given the pending contract of sale. The decision illustrates that even in informal family contexts, a pleading must state all material facts including the form, timing, maker, and content of alleged representations founding a proprietary estoppel claim.
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