10 May 1985
HUMPHREYS ESTATE (QUEEN\'S GARDEN) LTD v. ATTORNEY GENERAL AND ANOTHER
- Citation
- HUMPHREYS ESTATE (QUEEN\'S GARDEN) LTD v. ATTORNEY GENERAL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA3278/1983
Although equitable estoppel/proprietary estoppel exists in principle, it cannot displace a clear mutual qualification that negotiations were "subject to contract" and made with no intention to create legal relations unless there is clear, unambiguous mutual expunction or equivalent assurances. On the facts, Lands' words and conduct did not amount to such clear representations and H.K.G. did not prove the necessary reasonable, informed belief and requisite detrimental reliance to found the equitable relief sought. Therefore the counterclaim was dismissed and plaintiff's claims for repayment an…