› Interlocutory injunctions to preserve status quo pending determination of rights
Equity
› Trusts and trustees
› Constructive trusts — accelerated imposition upon resiling from representation
Estoppel
› Proprietary estoppel
› Encouragement — representation by conduct — clarity requirement
Equity
› Trusts and trustees
› Discretionary family trusts — farming succession disputes
Quick Take
1There are serious questions to be tried as to whether a constructive trust may be recognised on an 'accelerated basis' from the time a representor resiles from representations about future disposition of property, even where there is no express representation as to continuing use in the interim, particularly where the representor is no longer using the property and conditions to compensate for accelerated benefit may fairly be fashioned
2In proprietary estoppel claims, representations need not be express but may arise by implication from conduct and omissions; the material facts and circumstances pleaded, including the parties' treatment of a lease agreement as not exclusively governing their dealings, may provide a seriously arguable foundation for an implied representation as to continuing use
3Where the balance of convenience strongly favours preservation of the status quo — particularly where withholding relief would destroy a farming business built over decades — even debatable serious questions may justify interlocutory injunctive relief, and the interrelationship between the strength of the case and the balance of convenience must be evaluated together
Case Details
Citation[2026] SASCA 13
CourtSASCA
JurisdictionSouth Australia
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