Barnes v Alderton [2008] NSWSC 107

Barnes v Alderton [2008] NSWSC 107

Plaintiff failed to establish proprietary estoppel, as there was no unequivocal representation understood to be irrevocable and no substantial detriment. No constructive trust or contract arose due to lack of intention to create legal relations, consideration, or compliance with statutory writing requirements. Acts did not constitute part performance. Claim was barred by Conveyancing Act s 23C.

Parties
Plaintiff: Colleen Barnes; Defendant: Noel Alderton
Jurisdiction
Australia
Judgment Date
20 February 2008
Procedural Posture
Civil / Final Judgment
Outcome
Proceedings dismissed with costs.
Legal Topics
Proprietary Estoppel, Constructive Trust, Contract, Conveyancing Act S 23 C, Part Performance, Intention to Create Legal Relations, Consideration, Unconscionability
Equity Contract Proprietary Estoppel Constructive Trust Conveyancing Act S 23 C Part Performance Intention to Create Legal Relations Consideration +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 28 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Colleen Barnes

Plaintiff

Noel Alderton

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether an oral promise to give plaintiff half interest in family home constitutes a proprietary estoppel
  2. 2 Whether a constructive trust arose in favour of the plaintiff
  3. 3 Whether a binding contract existed

Ratio Decidendi

Plaintiff failed to establish proprietary estoppel, as there was no unequivocal representation understood to be irrevocable and no substantial detriment. No constructive trust or contract arose due to lack of intention to create legal relations, consideration, or compliance with statutory writing requirements. Acts did not constitute part performance. Claim was barred by Conveyancing Act s 23C.

Court Disposition

Proceedings dismissed with costs.

Orders

  • Proceedings dismissed with costs.
  • Paper exhibits may be retained.