Kevin John Lewis v Peter William Stewart by his tutor Peggy Lillian Mayhew [2018] NSWSC 1186

Supreme Court New South Wales

Medium Neutral Citation: Kevin John Lewis v Peter William Stewart by his tutor Peggy Lillian Mayhew [2018] NSWSC 1186 Hearing dates: 27 – 28 November 2017; final written submissions 9 March 2018 Decision date: 02 August 2018 Jurisdiction: Equity Before: Robb J Decision: See paragraphs 230 to 258 Catchwords: EQUITY — Equitable interests in property — Nature of equitable interests — whether the plaintiff has a beneficial interest in Lot 1

ESTOPPEL — Proprietary estoppel — Encouragement — whether by reason of encouragements the defendant gave to the plaintiff the defendant is estopped from denying the plaintiff is entitled to a beneficial interest in Lot 1 — a promise or representation by the defendant to leave Lot 1 to the plaintiff in the defendant's will — defendant ceased to have testamentary capacity to execute will — the defendant is in principle estopped from denying the plaintiff is entitled to a beneficial interest in Lot 1

CONTRACTS — Formation — Oral Contract — whether the plaintiff and defendant entered into an oral contract — whether the defendant agreed to leave Lot 1 to the plaintiff in the defendant's will in exchange for work undertaken on Lot 1 by the plaintiff — defendant ceased to have capacity to make a will — whether plaintiff entitled to damages for breach of contract — no oral contract arises Legislation Cited: Real Property Act 1900 (NSW) Conveyancing Act 1919 (NSW) Cases Cited: Delaforce v Simpson-Cook (2010) 78 NSWLR 483; [2010] NSWCA 84 Dable v Peisley [2009] NSWSC 772 Menczer v Menczer [2009] NSWSC 1466 Saliba v Tarmo [2009] NSWSC 581 Ak-Tankiz v Ak [2014] NSWSC 1044 Category: Principal judgment Parties: Kevin John Lewis (plaintiff) Peter William Stewart by his tutor Peggy Lillian Mayhew (defendant) Representation: Counsel: IR Coleman SC/LM Clarke (plaintiff) MM Pringle (defendant)