Kramer & Anor v. Stone
Case No.
S53/2024
Case Information
Lower Court Judgment
10/11/2023 Supreme Court of New South Wales (Court of Appeal) (Ward P; Leeming JA; Kirk JA)
Catchwords
Equity – Proprietary estoppel – Estoppel by encouragement – Knowledge of detriment – Where in 1975, respondent commenced share-farming 100-acre property situated on Colo River ("Property") under oral contract described as share-farming agreement – Where shortly after death of then-joint proprietor, his wife ("deceased") told respondent about agreement to pass Property and sum of money to respondent upon deceased's death – Where under her final will, deceased left Property to one of couple's two daughters, first appellant – Where primary judge held respondent established entitlement to equitable relief on basis of proprietary estoppel and characterised case as based upon estoppel by encouragement –Where primary judge found respondent acted to his detriment on faith of deceased's assurance by continuing share farming operation on Property for about 23 years in belief that he would inherit Property under deceased’s will – Where primary judge found in absence of such belief, respondent would have terminated share-farming agreement and pursued more remunerative occupation – Where Court of Appeal dismissed appeal – Whether Court of Appeal erred concluding in cases of proprietary estoppel by encouragement elements of encouragement coupled with reasonable and detrimental reliance are sufficient, without more, to establish unconscionable conduct.
Documents*
11/04/2024 Determination (SLA, Canberra)
24/04/2024 Notice of appeal
30/05/2024 Written submissions (Appellants)
30/05/2024 Chronology (Appellants)
27/06/2024 Written submissions (Respondent)
18/07/2024 Reply
*The due dates shown for documents on this page are indicative only.