Parslow v NSW Land & Housing Corporation; NSW Land & Housing Corporation v Parslow [2018] NSWSC 843

Supreme Court New South Wales

Medium Neutral Citation: Parslow v NSW Land & Housing Corporation; NSW Land & Housing Corporation v Parslow [2018] NSWSC 843 Hearing dates: 16, 17, 18, 19 April 2018; further written submissions ending 15 May 2018 Date of orders: 07 June 2018 Decision date: 07 June 2018 Jurisdiction: Equity Before: Parker J Decision: As at [211] and [212] Catchwords: EVIDENCE – admissibility – hearsay evidence – business records exception under s 69 of Act – Ombudsman's report recording what Ombudsman was told during interview – whether fact or opinion – whether evidence of fact

EQUITY – estoppel – estoppel in pais – common assumption of fact – whether representation was based on an existing fact or promissory in nature

EQUITY - laches – prejudice suffered by the defendant as a result of the passage of time – plaintiff's acquiescence to violation of rights

REAL PROPERTY – estoppel allegedly arising out of prior owner's conduct - indefeasibility

EQUITY – equitable estoppel – whether conduct amounted to representation of lifetime tenancy – whether renovation works undertaken in reliance on belief of lifetime tenancy – rent charged at less than market value – alternative public housing tenancy offered – whether detriment suffered in the relevant sense Legislation Cited: Evidence Act 1995 (NSW), ss 69, 78 Housing Act 1985 Limitation Act 1969, s 27(2) Real Property Act 1900, s 42 Residential Tenancies Act 2010, s 154G Cases Cited: Bahr v Nicolay Bahr v Nicolay [1987] HCA 32; (1987) 163 CLR 490 CSR Ltd v Amaca Pty Ltd [2016] VSCA 320 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Lithgow City Council v Jackson [2011] HCA 36; (2011) 244 CLR 352 Milling v Hardie [2014] NSWCA 163 Orr v Ford [1989] HCA 4; (1989) 167 CLR 316 PW & Co v Milton Gate Investments Ltd [2004] Ch 142 Texts Cited: Handley, Estoppel by Conduct and Election (2nd Ed, 2016) Category: Principal judgment Parties: Sally May Parslow (Plaintiff in 2017/112924; Defendant in 2018/123505) NSW Land & Housing Corporation (Defendant in 2017/112924; Plaintiff in 2018/123505) Representation: Counsel: RD Wilson SC/K Tang (Plaintiff in 2017/112924; Defendant in 2018/123505) J O'Connor/N Simpson (Defendant in 2017/112924; Plaintiff in 2018/123505)