NSW Caselaw
New South Wales Court of Appeal
CITATION: PAN MACEDONIAN GREEK BROTHERHOOD v GREEK MACEDONIAN CLUB [2008] NSWCA 7
HEARING DATE(S): 8 February 2008
JUDGMENT DATE: 8 February 2008
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 36; at 47
EX TEMPORE JUDGMENT DATE: 8 February 2008
DECISION: Appeal dismissed with costs.
CATCHWORDS: EQUITY – Estoppel – Proprietary estoppel – Property transferred for a stated consideration of $1.00 – Expectation of lease for reduced rent for another property owned by transferee – Whether critical date for consideration of reliance was date transfer signed or date transfer registered – Whether representation sufficiently certain.
LEGISLATION CITED: Conveyancing Act 1919 s 54A
CATEGORY: Principal judgment
Austotel Pty Ltd v Franklin's Self Service Pty Ltd (1989) 16 NSWLR 582 CASES CITED: Australian Crime Commission v Gray [2003] NSWCA 318 Galaxidis v Galaxidis [2004] NSWCA 111 Sullivan v Sullivan [2006] NSWCA 312
PARTIES: PAN MACEDONIAN GREEK BROTHERHOOD "ALEXANDER THE GREAT" NSW LIMITED (Appellant) GREEK MACEDONIAN CLUB "ALEXANDER THE GREAT" LIMITED (Respondent)
FILE NUMBER(S): CA 40402/07
COUNSEL: D L WARREN (Appellant) H DANALIS (Sol) (Respondent)
SOLICITORS: Spanko Soulos & Co (Appellant) H Danalis & Co (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 6302/05
LOWER COURT JUDICIAL OFFICER: Brereton J
LOWER COURT DATE OF DECISION: 16 February 2007
LOWER COURT MEDIUM NEUTRAL CITATION: [2007] NSWSC 92
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