Carbone as Trustee for the S & N Carbone Family Trust v Mills [2019] NSWCA 15

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Carbone as Trustee for the S & N Carbone Family Trust v Mills [2019] NSWCA 15 Hearing dates: 27 November 2018 Decision date: 15 February 2019 Before: Beazley P at [1]; Sackville AJA at [2]; Barrett AJA at [113] Decision: 1. Grant the applicants leave to appeal. 2. Dismiss the appeal. 3. The applicants pay the respondent's costs of the appeal, including the application for leave to appeal. Catchwords: EQUITY – estoppel – option to purchase land not exercised by appellants within the period specified in Option Agreement – whether respondent estopped from relying on the terms of Option Agreement – whether appellants' misapprehension as to the date the option lapsed was due to the respondent's conduct – whether respondent estopped from also relying on the appellants' failure to pay outstanding interest. Legislation Cited: Supreme Court Act 1970 (NSW), s 103 Cases Cited: Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226; [1986] HCA 14 Coulton v Holcombe (1986) 162 CLR 1; [1986] HCA 33 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Peters (WA) Ltd v Petersville Ltd (2001) 205 CLR 126; [2001] HCA 45 Secured Income Real Estate (Australia) Ltd v St Martins Investments Pty Ltd (1979) 144 CLR 596; [1979] HCA 51 Texts Cited: J D Heydon, M J Leeming and P G Turner, Meagher, Gummow and Lehane's Equity Doctrines and Remedies, LexisNexis Butterworths, 5th ed 2015 K R Handley, Estoppel by Conduct and Election, Sweet & Maxwell, 2nd ed 2016 Category: Principal judgment Parties: Salvatore Carbone as Trustee for the S & N Carbone Family Trust (First Appellant) Nataliya Carbone as Trustee for the S & N Carbone Family Trust (Second Appellant) Charles John Mills (Respondent) Representation: Counsel: Ms S Fendekian with Mr A Edington (Appellants) Mr P Braham SC with Mr D Neggo (Respondent)