Martin v Dee-Tech Pty Ltd [2021] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: Martin v Dee-Tech Pty Ltd [2021] NSWSC 434 Hearing dates: 19-20 April 2021 Date of orders: 28 April 2021 Decision date: 28 April 2021 Jurisdiction: Common Law Before: Gleeson J Decision: 2018/212253 (1) Judgment for the plaintiff, Peter Edward Martin as executor of the deceased estate of Gordon Carlyle Martin, for possession of the land comprised in Certificate of Title Folio Identifier XX/XXXXX, situated at XX XXXXXX, Saratoga, New South Wales. (2) Grant leave to the plaintiff to issue a writ of possession to enforce the judgment forthwith. (3) Judgment for the plaintiff against the defendant in the sum of $150,000. (4) The defendant to pay the plaintiff's costs. 2018/308664 (5) Judgment for the plaintiff, Peter Edward Martin as executor of the deceased estate of Gordon Carlyle Martin, against the first defendant, second defendant, third defendant and fourth defendant in the sum of $40,000. (6) The first defendant, second defendant, third defendant and fourth defendant to pay the plaintiff's costs. (7) The Exhibits may be returned after 28 days. Catchwords: ESTOPPEL – conventional estoppel – where alleged oral representations by lender that interest payments on mortgage debt would be treated as principal repayments and the date for repayment of principal would be extended – whether the parties conducted their relations on the basis of the assumed facts in the alleged oral representations – whether detrimental reliance by mortgagor EQUITY – estoppel by conduct – promissory estoppel – where alleged oral representations by lender that interest payments on mortgage debt would be treated as principal repayments and the date for repayment of principal would be extended – whether lender bound by alleged oral representations – whether detrimental reliance by mortgagor EQUITY – estoppel by conduct – promissory estoppel – where alleged oral representations by lender that principal sum not due until contingent conditions fulfilled – whether lender bound by alleged oral representations – whether detrimental reliance by borrower CONTRACTS – construction – loan agreement – where principal sum due one year after the making of the loan – where borrowers also obliged to pay lender net proceeds of monies received from costs orders in separate proceedings in reduction of principal sum – whether repayment of principal sum conditional on receipt of monies from the costs orders Legislation Cited: Evidence Act 1995 (NSW), s 136 Limitation Act 1969 (NSW), ss 14(1)(a), 16, 42(1) Real Property Act 1900 (NSW), ss 57(2)(b), 60 Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: Ashton v Pratt (2015) 88 NSWLR 281; [2015] NSWCA 12 Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560; [2014] HCA 14 Bundanoon Sandstone Pty Ltd v Cenric Group Pty Ltd [2019] NSWCA 87; (2019) 373 ALR 591 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226; [1986] HCA 14 Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd (No 2) [2009] NSWSC 1355 Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd [2010] NSWCA 374 Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd [2012] NSWSC 251 Dee-Tech Pty Ltd v Neddam Holdings Pty Ltd (No 2) [2012] NSWSC 517 Develtor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Electricity Generation Corporation v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 Hawcroft General Trading Co Pty Ltd v Hawcroft [2017] NSWCA 91 Highland v Labraga (No 3) [2006] NSWSC 871 Moratic Pty Ltd v Gordon [2007] NSWSC 5 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104; [2014] HCA 37 MWB Business Exchange Centres Ltd v Rock Advertising Ltd [2019] AC 119; [2018] UKSC 24 Ryledar Pty Ltd v Euphoric Pty Ltd (2007) 69 NSWLR 603; [2007] NSWCA 65 TMA Australia Pty Ltd v Indect Electronics & Distribution GmbH [2015] NSWCA 343 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387; [1988] HCA 7 Watson v Foxman (1995) 49 NSWLR 315 Zanzoul v Westpac Banking Corporation Limited (1995) 6 BPR 14,142 Texts Cited: Ritchie's Uniform Civil Procedure (NSW) Category: Principal judgment Parties: 2018/212253 Peter Edward Martin as executor of the deceased estate of Gordon Carlyle Martin (Plaintiff) Dee-Tech Pty Ltd (Defendant)