Ronald Smith v Cecilene Smith (Marlin) [2005] NSWSC 27

Ronald Smith v Cecilene Smith (Marlin) [2005] NSWSC 27

Equitable compensation in a proprietary estoppel claim is to be measured by the need to cure the detriment caused by plaintiff's reliance, assessed as two thirds of the present value of the property, with sale of the property and division of net proceeds accordingly.

Parties
Plaintiff: Ronald Douglas Smith; Defendant: Cecilene Smith (Marlin)
Jurisdiction
Australia
Judgment Date
07 February 2005
Procedural Posture
Equity Proceedings / Judgment After Written Submissions
Outcome
Plaintiff succeeds; property to be sold; plaintiff awarded equitable compensation and costs; action and cross action otherwise dismissed.
Legal Topics
Proprietary Estoppel, Equitable Compensation, Sale of Land, Vacant Possession
Equity Proprietary Estoppel Equitable Compensation Sale of Land Vacant Possession

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Parties

Ronald Douglas Smith

Plaintiff

Cecilene Smith (Marlin)

Defendant

Procedural Posture

Equity Proceedings / Judgment After Written Submissions

Legal Issues

  1. 1 Assessment of compensation where proprietary estoppel has been established
  2. 2 Appropriate remedy for loss of opportunity to acquire property as a home

Ratio Decidendi

Equitable compensation in a proprietary estoppel claim is to be measured by the need to cure the detriment caused by plaintiff's reliance, assessed as two thirds of the present value of the property, with sale of the property and division of net proceeds accordingly.

Court Disposition

Plaintiff succeeds; property to be sold; plaintiff awarded equitable compensation and costs; action and cross action otherwise dismissed.

Orders

  • Defendant to cause sale of 50 Castlereagh Street Riverstone by public auction between 4–6 months from the date of judgment.
  • Plaintiff to give vacant possession to defendant on or before the day before auction.