Priestley v Priestley [2017] NSWCA 155

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Priestley v Priestley [2017] NSWCA 155 Hearing dates: 29 March 2017 Date of orders: 27 June 2017 Decision date: 27 June 2017 Before: McColl JA at [1]; Macfarlan JA at [2]; Emmett AJA at [22] Decision: (1) The appeal be allowed. (2) The orders made by the primary judge on 15 August 2016 and 25 August 2016 in proceedings 2013/302819 be set aside. (3) The parties file and serve written submissions relating to the appellant's costs within 21 days of the date of these orders. (4) The parties provide to the Court short minutes of order giving effect to these reasons. Catchwords: CONTRACTS — Formation — Intention to create legal relations — whether intention to make a testamentary contract can be objectively inferred from the conduct of the appellant and the deceased — whether deceased was contractually obliged not to revoke will

ESTOPPEL — Proprietary estoppel — Standing by — Knowledge of mistake by party bound — present mistake of fact — whether appellant relied on the mistaken belief to his own detriment that he would inherit deceased's property — whether unconscionable for deceased to accept benefit of appellant's assistance when deceased knew of appellant's mistaken belief — whether respondent is estopped from denying appellant's entitlement to property

ESTOPPEL — Proprietary estoppel — Encouragement — Detrimental reliance — whether necessary for appellant to show that he would have acted differently but for his mistaken belief — whether appellant's reliance on mistaken belief was unreasonable