Perpetual Trustee Company Limited v Corbett [2018] NSWSC 126

Perpetual Trustee Company Limited v Corbett [2018] NSWSC 126

The deceased made binding representations to John Keith Corbett in 2002 and 2004 that John would have the Maldon Property; John relied on these representations in undertaking substantial, unpaid work for the benefit of the deceased and his companies, and suffered detriment thereby. The unconscionability of resiling from those induced expectations justifies full beneficial transfer of the property to John, as performance of the promise is proportional to the detriment and in accord with the deceased's intention.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Equity Proceedings / Principal Judgment After Trial
Outcome
Plaintiff's claim dismissed. Cross-claim succeeding on proprietary estoppel. Transfer of Maldon Property to John Keith Corbett ordered. Rent collected by the Trustee since 4 October 2012 to be paid to John or Corbett Constructions, as elected. Costs to cross claimants. Final orders to be settled.
Legal Topics
['proprietary Estoppel' 'detrimental Reliance' 'unconscionability']
['equity'] ['proprietary Estoppel' 'detrimental Reliance' 'unconscionability']

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Procedural Posture

Equity Proceedings / Principal Judgment After Trial

Legal Issues

  1. 1 ['Did the deceased make binding representations to John Keith Corbett concerning the Maldon Property?' 'Did John Keith Corbett rely on those representations to his detriment?' 'Is it unconscionable for the Trustee to deny John Keith Corbett the beneficial ownership of the Maldon Property?' 'What is the appropriate equitable remedy to be granted?']

Ratio Decidendi

The deceased made binding representations to John Keith Corbett in 2002 and 2004 that John would have the Maldon Property; John relied on these representations in undertaking substantial, unpaid work for the benefit of the deceased and his companies, and suffered detriment thereby. The unconscionability of resiling from those induced expectations justifies full beneficial transfer of the property to John, as performance of the promise is proportional to the detriment and in accord with the deceased's intention.

Court Disposition

Plaintiff's claim dismissed. Cross-claim succeeding on proprietary estoppel. Transfer of Maldon Property to John Keith Corbett ordered. Rent collected by the Trustee since 4 October 2012 to be paid to John or Corbett Constructions, as elected. Costs to cross claimants. Final orders to be settled.

Orders

  • ["Dismiss the plaintiff's statement of claim." 'Declare John Keith Corbett entitled to the whole of the legal and equitable interest in the Maldon Property (240 Picton Road, Maldon, NSW)' 'Order the Trustee to transfer the legal title to the Maldon Property to John Keith Corbett.' 'Order the Trustee to pay to John...