Fragar v Fragar [2024] NSWSC 193

Supreme Court New South Wales

Medium Neutral Citation: Fragar v Fragar [2024] NSWSC 193 Hearing dates: 5, 6, 7, 8 and 26 February 2024 Date of orders: 04 March 2024 Decision date: 04 March 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: Direct that any submissions as to the form of orders and costs be limited to five pages and that they be filed and served no later than 4pm on Monday 18 March 2024. Catchwords: PARTNERSHIPS AND JOINT VENTURES — Partnership property — Identification — where family farming partnership had carried on farming business since 1989 — whether farmland formed part of partnership assets PARTNERSHIPS AND JOINT VENTURES — Winding up — Rights of outgoing partner — where family farming partnership had carried on farming business since 1989 — where daughter-in-law buys into the partnership — where parents retire from partnership — whether retired parents hold farmland on bare trust for incoming partners — effect of informal winding-up on retired partners' interest in the partnership assets EQUITY — Equitable remedies — Specific performance — Land — where conversation at family meeting said to give rise to binding contract — whether terms of contract ever agreed to ESTOPPEL — Proprietary estoppel — Encouragement — Nature of promise — where conversation at family meeting said to give rise to inducement to pay into partnership in return for inheriting farm — whether representation made — whether representation too ambiguous to give rise to an estoppel Legislation Cited: Conveyancing Act 1919 (NSW) ss 23C, 54A, 66G Partnership Act 1892 (NSW) ss 2, 20-21 Succession Act 2006 (NSW) s 59 Cases Cited: Bassett v Cameron [2021] NSWSC 207 Bosanac v Commissioner of Taxation (2022) 275 CLR 37; [2022] HCA 34 Commissioner of State Revenue (WA) v Rojoda Pty Ltd (2020) 268 CLR 281; [2020] HCA 7 Commissioner of Taxation (Cth) v Everett (1980) 143 CLR 440; [1980] HCA 6 Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd (2016) 260 CLR 1; [2016] HCA 26 Galaxidis v Galaxidis [2004] NSWCA 111 Gerovich v Gerovich (as executor of the estate of Gerovich) [2018] WASC 153 Gordon v Scott (1858) 12 Moo PC 1; (1858) 14 ER 812; [1858] UKPC 14 Hocking v Western Australian Bank (1909) 9 CLR 738; [1909] HCA 68 Kelly v Kelly (1990) 64 ALJR 234 Legione v Hateley (1983) 152 CLR 406; [1983] HCA 11 Lukin v Lovrinov [1998] SASC 6614 Miles v Clarke [1953] 1 WLR 537 O'Brien v Komesaroff (1982) 150 CLR 310 at 322; [1982] HCA 33 Robinson v Ashton (1875) LR 20 Eq 25 Scott Darren Pascoe as trustee of the property of Arthur Linden Dyason, a bankrupt v Lindsey Jane Dyason & Ors [2011] NSWSC 1217 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387; [1988] HCA 7 Waterer v Waterer (1873) LR 15 Eq 402 Category: Principal judgment Parties: Linda May Fragar (Plaintiff/Cross-Defendant) Jeffrey Evan Fragar (Defendant/First Cross-Claimant) Katherine Margaret Fragar (Second Cross-Claimant) Representation: Counsel: