Sakellis v Vourlos [2018] NSWSC 1928
It is not appropriate to grant summary judgment or strike out the defence where there are triable issues of fact regarding the representations alleged, the reasonable reliance and detriment, and the availability of relief. These issues can only be determined at trial. The defendant's proprietary estoppel defence is not hopeless, unarguable, or doomed to fail on the material available.
- Jurisdiction
- Australia
- Judgment Date
- 19 December 2018
- Procedural Posture
- Civil / Interlocutory (summary Judgment/strike Out Motion)
- Outcome
- Plaintiff's motion dismissed
- Legal Topics
- ['summary Judgment' 'striking Out Defence' 'proprietary Estoppel' 'possession of Real Property']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Interlocutory (summary Judgment/strike Out Motion)
Legal Issues
- 1 ['Whether summary judgment should be granted for possession' 'Whether the defence should be struck out as disclosing no reasonable defence' 'Whether evidence is capable of establishing detrimental reliance for proprietary estoppel']
Ratio Decidendi
It is not appropriate to grant summary judgment or strike out the defence where there are triable issues of fact regarding the representations alleged, the reasonable reliance and detriment, and the availability of relief. These issues can only be determined at trial. The defendant's proprietary estoppel defence is not hopeless, unarguable, or doomed to fail on the material available.
Court Disposition
Plaintiff's motion dismissed
Orders
- ["Dismiss the plaintiff's amended notice of motion filed 13 December 2018." "The plaintiff is to pay the defendant's costs of the motion."]
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