Tadrous v Tadrous [2012] NSWCA 16

Tadrous v Tadrous [2012] NSWCA 16

It was open to the primary judge to accept that the advances were made upon an equitable proprietary estoppel based on assurances, and to grant an equitable charge to secure repayment. However, the compound interest awarded exceeded the proper compensatory basis without sufficient evidentiary support; the proper rate is that under UCPR, r 6.12.8 from December 2003.

Jurisdiction
Australia
Judgment Date
23 February 2012
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
['equitable Proprietary Estoppel' 'equitable Charge' 'compound Interest' 'estoppel' 'monies Advanced for Property Development']
['equity' 'remedies'] ['equitable Proprietary Estoppel' 'equitable Charge' 'compound Interest' 'estoppel' 'monies Advanced for Property Development']

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Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ['Whether equitable proprietary estoppel arose from monies advanced for property development based on oral assurances' 'Whether expectation of repayment plus acquisition of property at cost was sufficient to found equitable estoppel' 'Whether relief should be by way of equitable charge or constructive trust' 'Whether compound interest at the awarded rate was proper']

Ratio Decidendi

It was open to the primary judge to accept that the advances were made upon an equitable proprietary estoppel based on assurances, and to grant an equitable charge to secure repayment. However, the compound interest awarded exceeded the proper compensatory basis without sufficient evidentiary support; the proper rate is that under UCPR, r 6.12.8 from December 2003.

Court Disposition

Appeal allowed in part

Orders

  • ['Set aside Order 2 made by Pembroke J on 3 December 2010.' 'Order that the charge secure $561,360 together with interest on that amount at the pre-judgment rates calculated in accordance with UCPR, r 6.12.8 from 1 December 2003 to 23 February 2012 and thereafter together with interest on the whole sum pursuant to s...