Quinn v Bryant [2012] NSWCA 377

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Quinn v Bryant [2012] NSWCA 377 Hearing dates: 13 November 2012 Decision date: 21 November 2012 Before: Allsop P at [1] Barrett JA at [2] Sackville AJA at [3] Decision: (1) Appeal dismissed. (2) The appellant pay the respondent's costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: EQUITY - promissory estoppel - detrimental reliance by promisee (a granddaughter) on promise by the promisor (her grandmother) to provide accommodation and leave half of her estate to the promisee - no dispute that compensation to the promisee should be assessed on an expectations basis - whether primary Judge failed to take into account that the compensation would be payable before the promisor's death and thus would be "accelerated" - no error demonstrated. Legislation Cited: Supreme Court Act 1970 Cases Cited: Giumelli v Giumelli [1999] HCA 10; (1996) 196 CLR 101 Delaforce v Simpson-Cook [2010] NSWCA 84; (2010) 78 NSWLR 483 Category: Principal judgment Parties: Joan Phyllis Quinn (Appellant) Susan Bryant (Respondent) Representation: Counsel: J A D Needham SC and F F F Salama (Appellant) R D Wilson and D Steirn (Respondent) Solicitors: Vizzone Ruggero & Associates (Appellant) Tsolakis Solicitors (Respondent) File Number(s): 2012/52197 Decision under appeal Citation: Joan Phyllis Quinn v Susan Bryant [2011] NSWSC 1153 Date of Decision: 2011-10-14 00:00:00 Before: Sackar J File Number(s): 2011/45569