Roufeil v Lusby [2003] NSWSC 1002

Roufeil v Lusby [2003] NSWSC 1002

Craig Lusby and Denis Lusby are estopped from denying the company's equitable ownership because they allowed and affirmed the company's representation as owner in all relevant dealings, accounts, and tax matters, and it would be unconscionable for them to assert otherwise given their conduct.

Jurisdiction
Australia
Judgment Date
05 November 2003
Procedural Posture
Equity / Judgment
Outcome
Declaration that company is owner in equity
Legal Topics
['estoppel' 'ownership of Property' 'acquisition by Estoppel']
['equity'] ['estoppel' 'ownership of Property' 'acquisition by Estoppel']

Case Brief

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Procedural Posture

Equity / Judgment

Legal Issues

  1. 1 ["Whether Lusby's Furniture Company Pty Ltd is the equitable owner of the factory and plant/equipment" "Whether Craig Lusby and Denis Lusby are estopped from denying the company's ownership"]

Ratio Decidendi

Craig Lusby and Denis Lusby are estopped from denying the company's equitable ownership because they allowed and affirmed the company's representation as owner in all relevant dealings, accounts, and tax matters, and it would be unconscionable for them to assert otherwise given their conduct.

Court Disposition

Declaration that company is owner in equity

Orders

  • ['Declarations and orders in terms of paragraphs 3, 4, 5, 6 and 7 in the originating process filed on 13 March 2003' "Defendants to pay plaintiffs' costs of the proceedings"]