Quinn v Bryant [2012] NSWCA 377

Quinn v Bryant [2012] NSWCA 377

The appeal was dismissed as the primary Judge had correctly applied the appropriate legal principles in assessing compensation for equitable estoppel by making a monetary award reflecting the respondent's expectations, discounted for vicissitudes, and no error was shown in relation to allowing for acceleration of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 November 2012
Procedural Posture
Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
['promissory Estoppel' 'detrimental Reliance' 'expectations Based Compensation' 'testamentary Provision' 'constructive Trust' 'equitable Damages']
['equity'] ['promissory Estoppel' 'detrimental Reliance' 'expectations Based Compensation' 'testamentary Provision' 'constructive Trust' 'equitable Damages']

Source-derived case record

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Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 ['Whether the primary Judge erred in assessing compensation by failing to account for the acceleration of the respondent’s entitlement to a share of the appellant’s estate.' 'Whether damages should be assessed on an expectations basis or by reference to detriment.']

Ratio Decidendi

The appeal was dismissed as the primary Judge had correctly applied the appropriate legal principles in assessing compensation for equitable estoppel by making a monetary award reflecting the respondent's expectations, discounted for vicissitudes, and no error was shown in relation to allowing for acceleration of the entitlement.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed.' "The appellant to pay the respondent's costs of the appeal."]