Sakellis v Vourlos [2019] NSWSC 1063

Supreme Court New South Wales

Medium Neutral Citation: Sakellis v Vourlos [2019] NSWSC 1063 Hearing dates: 13 and 14 August 2019 Date of orders: 21 August 2019 Decision date: 21 August 2019 Jurisdiction: Common Law Before: Fagan J Decision: Judgment for the plaintiff for possession of land at 578 Pittwater Road, North Manly, with leave to issue a writ of possession forthwith Catchwords: ESTOPPEL – proprietary estoppel – estoppel by representation – where plaintiff provided accommodation for niece and family including defendant husband – whether representation that defendant would have accommodation for life – after passing of niece defendant relocated to a second property owned by plaintiff – plaintiff claiming possession of second property – defendant claiming alteration of position – surrender of lease of assisted accommodation – representation not proved – occupation of second property permissive and terminable on reasonable notice Cases Cited: Sullivan v Sullivan [2006] NSWCA 312 Category: Principal judgment Parties: Angela Sakellis - plaintiff Constantine Vourlos - defendant Representation: Counsel: J Young - plaintiff T Liu - defendant

Solicitor: Sparke Helmore Lawyers - plaintiff Clayton Utz - defendant File Number(s): 2018/177144 Publication restriction: No Decision under appeal File Number(s): 2018/177144

Judgment 1. The plaintiff is the registered proprietor of a two storey, six bedroom freestanding house at 578 Pittwater Road at North Manly. The property has been occupied by the defendant, alone, since July 2015. The plaintiff claims possession of the property. The defendant resists that claim upon the basis of an alleged proprietary estoppel. He contends that in early 2009 the plaintiff represented that she would provide him with a house rent-free for the remainder of his life. He claims that in reliance upon alleged statements to that effect he altered his position in such a manner that it would now be unconscionable for the plaintiff to be allowed to renege. 2. The long chain of events leading to the defendant's occupation of the North Manly property began with his marriage in 1986 to the plaintiff's niece, the late Antonia Vourlos (née Sakellis). From April 2009 the plaintiff allowed her niece, the defendant and their two children to occupy rent-free a house she owns at 11A Edgecliffe Esplanade, Seaforth. Antonia Vourlos died on 29 July 2010. Thereafter the plaintiff permitted the defendant and the two children to remain in the Seaforth house, still not charging them rent. In July 2015 disharmony between the defendant and his son caused the plaintiff to offer the defendant temporary accommodation in the North Manly property, again rent-free. This offer was accepted and the defendant has lived at North Manly ever since, while his son has remained at Seaforth. 3. Relations between the plaintiff and the defendant broke down in late 2017 and the plaintiff asked the defendant to vacate. He has refused. Resolution of the defendant's proprietary estoppel claim depends upon the detail of this history.