Kelly v Kelly [2012] NSWSC 557

Supreme Court New South Wales

Medium Neutral Citation: Kelly v Kelly [2012] NSWSC 557 Hearing dates: 7, 8, 9 May 2012 Decision date: 25 May 2012 Jurisdiction: Equity Division Before: Windeyer AJ Decision: These are reasons for orders already made on estoppel claim. Winding up application adjourned. Catchwords: CORPORATIONS- winding up- just and equitable ground- where company not trading but deficiency of assets over liabilities- application for winding up opposed due to substantial costs involved and because costs would be disproportionately borne by the fourth cross defendant being the only major creditor- application stood over to a future date to allow meeting of directors opportunity to discuss possible alternatives.

EQUITY- proprietary estoppel- cross claim-cross claimant's father in conversation told son of intention to provide land for each son- where part of land owned by cross claimant's grandfather who survived cross claimant's father- father died leaving entire estate to wife- grandfather died leaving his property to the cross claimant and his siblings in equal shares- where wife attempted to carry out intention of deceased husband that all sons should inherit separate parcel of land- where cross claimant worked on the family properties in the belief that he would be provided certain land- whether entitled to interest in land or equitable compensation in lieu- cross claimant's claim failed because there were no representational promises, no change of position in reliance on encouragement and no established detriment. Cases Cited: Delaforce v Simpson-Cook [2010] NSWCA 84 Gillett v Holt [2001] Ch 210 Category: Principal judgment Parties: Nicholas Isaac Kelly (First Plaintiff/First Cross-Defendant) Tracy Jane Kelly (Second Plaintiff/Second Cross-Defendant) Robert George Kelly (First Defendant/Cross-Claimant) Aaron Wayne Kelly (Second Defendant/Third Cross-Defendant) Christina Ann Kelly (Third Defendant/Fourth Cross-Defendant) Devon Point Pastoral Company Pty Limited (Fourth Defendant/Fifth Cross-Defendant) Representation: Counsel: