Sommerville v Sommerville [2015] NSWSC 1247

Supreme Court New South Wales

Medium Neutral Citation: Sommerville v Sommerville [2015] NSWSC 1247 Hearing dates: 21 August 2015 Date of orders: 31 August 2015 Decision date: 31 August 2015 Jurisdiction: Equity Before: Slattery J Decision: Summons dismissed with costs. Catchwords: EQUITY – equitable remedies – plaintiff claims his father (the defendant) represented that he would devise to the plaintiff a property if the plaintiff helped construct a house on the property – the defendant/father disputed that he made to his son the representations alleged – whether the representations were made – whether the plaintiff relied on the alleged representations – whether the plaintiff suffered any detriment in reliance on the promises – HELD – representations were not made and were not relied upon. Legislation Cited: Real Property Act 1900, s 74J Cases Cited: Austotel Pty Ltd v Franklins Self Serve- Pty Limited (1989) 16 NSWLR 582 ER Ives Investment Limited v High [1967] 2 QB 379 Dillwyn v Llewelyn (1862) 45 ER 1285 Malouf v Malouf (2006) 65 NSWLR 449 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438 Ramsden v Dyson & Thornton (1866) LR 1HL 129 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Plaintiff: Rodney Keith Sommerville Defendant: Rupert George Sommerville Representation: Counsel: Plaintiff: in person Defendant: J. Turnbull

Solicitors: Defendant: Colin A. Simmons, Hosie & Partners File Number(s): 2015/96833 Publication restriction: No