Perpetual Trustee Company Limited v Corbett [2018] NSWSC 126

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustee Company Limited v Corbett [2018] NSWSC 126 Hearing dates: 25-28 July 2017 Decision date: 16 February 2018 Jurisdiction: Equity Before: Robb J Decision: The Court will dismiss the plaintiff's statement of claim and make appropriate orders in favour of the cross claimants. See pars 191 and 192 of judgment. The parties are directed to bring in short minutes of order to give effect to these reasons. Catchwords: ESTOPPEL – Proprietary estoppel – Detrimental reliance – whether actions undertaken were in reliance on deceased's representations – whether detriment suffered in reliance on representations – whether deceased's representations were contributing cause to first defendant's conduct – whether unconscionable to resile from belief induced by deceased's representations Cases Cited: Watson v Foxman (1995) 49 NSWLR 315 Priestley v Priestley [2017] NSWCA 155 Dillwyn v Llewelyn (1862) 4 De GF & J 517; 45 ER 1285 Giumelli v Giumelli (1919) 196 CLR 101 Sidhu v Van Dyke (2014) 251 CLR 505 Category: Principal judgment Parties: Perpetual Trustee Company Limited as Trustee of the Estate of the late Keith William Corbett (plaintiff/cross defendant)

John Keith Corbett (first defendant/first cross claimant)

Corbett Constructions Pty Ltd (second defendant/second cross claimant)

Corbett Court Pty Ltd (third defendant/third cross claimant) Representation: Counsel: CM Harris SC (plaintiff/cross defendant) B DeBuse and J Brown (defendants/cross claimants)