Robert Edwin DONN v R

[2010] NSWCCA 20

NSW Court of Criminal Appeal9 March 2010

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Judges

James J, Hulme J, Hidden J

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Citation[2010] NSWCCA 20

CourtNSWCCA

JurisdictionNsw

Decision Date9 March 2010

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Judgment

Judges

James J · Hulme J · Hidden J

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.

Robert Edwin DONN v R at [30]

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.

Robert Edwin DONN v R at [37]

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