Ball v Ball (No 2) [2019] NSWSC 1242

Ball v Ball (No 2) [2019] NSWSC 1242

The plaintiff is entitled to equitable compensation measured as half the eventual net proceeds of sale, due to the first defendant's conduct depriving her of the expected ability to live as co-owner, with no evidence supporting a higher value at the time her expectation was disappointed.

Parties
Plaintiff: Gloria Ruth Ball; First Defendant: Darren Mark Ball; Second Defendant: East Coast Law Pty Ltd trading as East Coast Conveyancing
Jurisdiction
Australia
Judgment Date
13 September 2019
Procedural Posture
Equity / Assessment of Damages Following Default Judgment
Outcome
Judgment for the plaintiff against the first defendant with equitable compensation and interest. Liberty to file garnishee order. Defendant to pay plaintiff’s costs. Proceedings otherwise dismissed with no order as to costs.
Legal Topics
Proprietary Estoppel, Equitable Compensation
Equity Estoppel Proprietary Estoppel Equitable Compensation

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Parties

Gloria Ruth Ball

Plaintiff

Darren Mark Ball

First Defendant

East Coast Law Pty Ltd trading as East Coast Conveyancing

Second Defendant

Procedural Posture

Equity / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Whether proprietary estoppel entitles the plaintiff to equitable compensation for disappointment of expectation to co-own and live in the property

Ratio Decidendi

The plaintiff is entitled to equitable compensation measured as half the eventual net proceeds of sale, due to the first defendant's conduct depriving her of the expected ability to live as co-owner, with no evidence supporting a higher value at the time her expectation was disappointed.

Court Disposition

Judgment for the plaintiff against the first defendant with equitable compensation and interest. Liberty to file garnishee order. Defendant to pay plaintiff’s costs. Proceedings otherwise dismissed with no order as to costs.

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $297,500 plus interest in the sum of $119,100.87.
  • Liberty granted to the plaintiff to file a garnishee order directed to the second defendant in respect of funds held on trust for the benefit of the first defendant.