Donegan & Anor v Ghadami & Anor

Donegan & Anor v Ghadami & Anor

The acts relied upon by the defendant as detrimental reliance were no more than what would be expected in the course of negotiating a joint venture and did not amount to sufficient detrimental reliance in law. There was no reasonable prospect that a court would order transfer of the property based on proprietary...

Source-derived case information.

Parties
Appellant: Donegan & Anr; Respondent: Ghadami & Anr
Jurisdiction
England and Wales
Judgment Date
21 August 2007
Procedural Posture
Civil Appeal / Application for Permission to Appeal From Summary Judgment
Outcome
application refused
Legal Topics
Proprietary Estoppel, Summary Judgment, Unilateral Notice, Joint Venture Agreements
Property Law Civil Procedure Proprietary Estoppel Summary Judgment Unilateral Notice Joint Venture Agreements

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Parties

Donegan & Anr

Appellant

Ghadami & Anr

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the defendant had a reasonable prospect of defending the removal of unilateral notices based on proprietary estoppel and alleged joint venture agreement
  2. 2 Whether there was sufficient detrimental reliance to support proprietary estoppel
  3. 3 Whether procedural fairness was observed in the summary judgment process

Ratio Decidendi

The acts relied upon by the defendant as detrimental reliance were no more than what would be expected in the course of negotiating a joint venture and did not amount to sufficient detrimental reliance in law. There was no reasonable prospect that a court would order transfer of the property based on proprietary estoppel. The summary judgment procedure was fair and properly conducted.

Court Disposition

application refused

Orders

  • Permission to appeal refused
  • No stay granted