Evans v Braddock [2015] NSWSC 249

Supreme Court New South Wales

Medium Neutral Citation: Evans v Braddock [2015] NSWSC 249 Hearing dates: 9,10,11 and 12 February 2015 Decision date: 19 March 2015 Jurisdiction: Equity Division Before: Hallen J Decision: Order that the further amended Statement of Claim is dismissed.

Orders that the argument on the issue of costs be stood over to a suitable date unless the parties are able to reach agreement on how the costs of the proceedings are to be borne. Catchwords: EQUITY - Equitable estoppel by encouragement alleged - Family relationship - Assertion that conversation with father, in about 1983, that Plaintiff son would effectively receive, by Will, one third of certain identified real property amounted to an irrevocable promise or assurance - Where that real property held jointly by father and mother - Alleged silence by mother who was present at time of alleged promise or assurance - Whether court satisfied that any promise or assurance to give property to son - Whether promise or assurance given by mother by silence - Whether son or company acted to his or its detriment in reasonable reliance on alleged promise or assurance - Whether detriment proved - Whether father and/or mother knew of alleged reliance by son or company - Whether any unconscionable conduct by father and/or mother - Revocability of alleged promise or assurance - Subsequent conduct of parties - Onus of proof on son to prove reliance - Son's alleged reliance upon promise or assurance by both father and mother inconsistent with his and the company's conduct, years later, and before death of father and mother - Relevance of such conduct - Whether estate of mother bound to give effect to alleged irrevocable promise or assurance