Elphick v Elliott & Anor

[2002] QSC 189

Supreme Court of Queensland26 June 2002

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Judges

Dutney J

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Case Details

Citation[2002] QSC 189

CourtQSC

JurisdictionQld

Decision Date26 June 2002

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Judgment

Judges

Dutney J

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead

Where a representee establishes that a representation was made with reckless indifference to truth, the Castlereagh-Mornington doctrine of estoppel by representation permits an estoppel even absent proof of detrimental reliance, provided the representor's conduct evinces a settled intention to mislead.

Elphick v Elliott & Anor at [30]

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Elphick v Elliott & Anor at [37]

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