Lukas v Browne [2019] NSWSC 222

Supreme Court New South Wales

Medium Neutral Citation: Lukas v Browne [2019] NSWSC 222 Hearing dates: 7 May 2018 - 8 May 2018;13 February 2019 Date of orders: 07 March 2019 Decision date: 07 March 2019 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs make out case of equitable estoppel in relation to grant of lease. Catchwords: ESTOPPEL – equitable estoppel – plaintiffs and defendants executed form of written lease – the term of the lease not included in form – whether defendants made representations that the lease would be for 5 years with the possibility of a 10 year term being offered later – clear representations held to have been made – whether plaintiffs relied on representations – detriment – estoppel made out – plaintiffs entitled to a lease for a term of 5 years Legislation Cited: Residential Tenancies Act 2010 (NSW) Cases Cited: Doueihi v Construction Technologies Australia Pty Ltd (2016) 92 NSWLR 247 Grundt v Great Boulder Pty Gold Mines Ltd (1937) 59 CLR 641 Giumelli v Giumelli (1999) 196 CLR 101 Sidhu v Van Dyke (2014) 251 CLR 505 Sullivan v Sullivan (2006) 13 BPR 24,755; [2006] NSWCA 312 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Paula Lukas (First Plaintiff) Michael Camilleri (Second Plaintiff) Daniel Kenneth Browne (First Defendant) Sally Browne (Second Defendant) Representation: Counsel: Mr P R Glissan (Plaintiffs) Mr D C Eardley (Defendants)