Laird v Vallance

[2023] VSCA 138

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Estoppel
2. › Proprietary estoppel
3. › Representations by parents regarding family farm
4. › Whether representations made
5. › Whether representations ambiguous
6. › Whether reasonable reliance on representations
7. › Whether constructive trust established
1. Estoppel
2. › Proprietary estoppel
3. › Fulfilment of representations
4. › Whether promises ultimately fulfilled by testamentary disposition
5. › No failure to adhere to representations
6. › No occasion to invoke equity
1. Estoppel
2. › Proprietary estoppel
3. › Acquiescence
4. › Whether case based on acquiescence raised at trial
5. › New point on appeal
6. › Not in interests of justice to permit
1. Appeal
2. › Leave to appeal
3. › Standard of appellate review
4. › Fox v Percy standard
5. › Findings of fact based on oral evidence
6. › Whether trial judge's findings attended by error

Quick Take

Where a parent's alleged promise to leave property to a child is ultimately fulfilled by the parent's will, there is no failure to adhere to the promise and no occasion to invoke equity based on proprietary estoppel. Representations alleged in proprietary estoppel claims must be assessed in the context of all family circumstances, including contributions made by other family members and the terms of any wills. A party who does not run a case based on acquiescence at trial will not be permitted to raise it on appeal.