E Co v Q (No 3) [2018] NSWSC 646

E Co v Q (No 3) [2018] NSWSC 646

Leave should be granted to reopen the hearing for the limited purpose of adducing further evidence and submissions concerning the appropriateness and impact of imposing a market rent condition (and related conditions) as part of accelerated relief in proprietary estoppel, as plaintiffs were not afforded proper opportunity to address that issue, thus serving the interests of justice and procedural fairness before entry of final orders.

Parties
First Plaintiff: E Co; Second Plaintiff: EM Co; Third Plaintiff: A; Fourth Plaintiff: B; Fifth Plaintiff: C; First Defendant: First Defendant; Second Defendant: Second Defendant
Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Civil / Post Trial Interlocutory Application for Re Opening Before Final Orders
Outcome
Interlocutory application granted; hearing re-opened for limited purpose; final orders deferred.
Legal Topics
Proprietary Estoppel, Constructive Trusts, Re Opening Hearing, Finality of Litigation, Relief and Remedies, Procedural Fairness
Equity Civil Procedure Proprietary Estoppel Constructive Trusts Re Opening Hearing Finality of Litigation Relief and Remedies Procedural Fairness

Case Brief

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Parties

E Co

First Plaintiff

EM Co

Second Plaintiff

A

Third Plaintiff

B

Fourth Plaintiff

C

Fifth Plaintiff

First Defendant

First Defendant

Second Defendant

Second Defendant

Procedural Posture

Civil / Post Trial Interlocutory Application for Re Opening Before Final Orders

Legal Issues

  1. 1 Whether the hearing should be re-opened to allow further evidence and submissions as to final relief after delivery of reasons but before entry of final orders
  2. 2 Procedural requirements and fairness in imposing conditions on relief, especially market rent, in proprietary estoppel cases

Ratio Decidendi

Leave should be granted to reopen the hearing for the limited purpose of adducing further evidence and submissions concerning the appropriateness and impact of imposing a market rent condition (and related conditions) as part of accelerated relief in proprietary estoppel, as plaintiffs were not afforded proper opportunity to address that issue, thus serving the interests of justice and procedural fairness before entry of final orders.

Court Disposition

Interlocutory application granted; hearing re-opened for limited purpose; final orders deferred.

Orders

  • The hearing be re-opened to permit evidence (including expert evidence) and further submissions to be made as to final orders, including as to market rent for the first defendant's properties, the impact of any rent condition, the appropriate discount rate, and related variables.
  • Matter listed for further hearing as to final relief on 19-21 November 2018.