The Court granted summary judgment for possession under UCPR r 13.1 in favour of registered proprietors where the defendants' proprietary estoppel claim failed at the threshold because no promise, representation or encouragement was made by the plaintiffs (as distinct from a non-party grandmother). Applying Kramer v Stone (2024) 281 CLR 484, the Court held that assurances made by a former registered proprietor who had transferred the property for value to the plaintiffs could not ground a proprietary estoppel claim against the plaintiffs. Contributions by occupants that did not exceed what would be expected under a family living arrangement were insufficient to establish detrimental reliance.
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