Byrnes v Byrnes [2012] NSWSC 1600

Supreme Court New South Wales

Medium Neutral Citation: Byrnes v Byrnes [2012] NSWSC 1600 Hearing dates: 27, 28 September 2012 Decision date: 20 December 2012 Jurisdiction: Equity Division Before: Lindsay J Decision: Judgment for the plaintiff, with detailed orders. Catchwords: ESTOPPEL - estoppel in pais - equitable estoppel - proprietary estoppel -- plaintiff encouraged to devote his life to work on family farm upon an expectation that he would acquire legal title on his parents death and that he would enjoy its fruits with secure accommodation in the meantime - plaintiff encouraged to leave the property for the common good of the family upon the assurance that he would be paid compensation - equitable compensation granted secured by a charge. TRUSTS - constructive trust - plaintiff's contribution to family's joint enterprise was removed without attributable blame - defendants will continue to enjoy, to plaintiff's exclusion, the benefit of his contribution to the common weal - equitable compensation granted secured by a charge. Legislation Cited: Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Muschinski v Dodds (1985) 160 CLR 583 Baumgartner v Baumgartner (1987) 164 CLR 137 Dare v Pulham (1982) 148 CLR 658 Gould and Birbeck and Bacon v Mount Oxide Mines Ltd (In liq) (1916) 22 CLR 490 Harvey v Harvey (1970) 120 CLR 529 Giumelli v Giumelli (1999) 196 CLR 101 Delaforce v Simpsons-Cook (2010) 78 NSWLR 483 Category: Principal judgment Parties: David Christopher Byrnes (Plaintiff) Gerald Sylvester Byrnes (First Defendant) Patrick Gerald Byrnes (Second Defendant) Valma Joyce Byrnes (Third Defendant) Stacey Louise Byrnes (Fourth Defendant) Representation: Counsel: M Hall (Plaintiff) P. Crennan (Defendants) Solicitors: JR Watson Legal Services (Plaintiff) Maloney Anderson Solicitors (Defendants) File Number(s): 2011/316269