1 Jun 2007
EDWARD JUZWA AND HELEN JEAN RABINSKA V DAVID WILLIAM HILL AND GAIL HILL CA CA214/05
- Citation
- openlaw-08413cf3_b567_45de_aabf_e9098157a055.pdf
- Court
- Court of Appeal
The Court upheld the trial judge's factual finding that the appellants gave an assurance of flexibility on the final payment date and the respondents reasonably relied on that assurance; equity (estoppel) therefore prevented the appellants from enforcing the strict contractual date, that enforcement would be unconscionable, and applying estoppel in these circumstances did not breach the statutory writing requirement in Contracts Enforcement Act 1956 s 2; specific performance of the agreement was appropriate and the appeal was dismissed.