Rochecouste v Tasman Rope Access Pty Ltd

[2021] FCA 908

Federal Court of Australia5 August 2021

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Judges

Colvin J

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Case Details

Citation[2021] FCA 908

CourtFCA

JurisdictionCommonwealth

Decision Date5 August 2021

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For Australian Law.

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Judgment

Judges

Colvin 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.

Rochecouste v Tasman Rope Access Pty Ltd 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.

Rochecouste v Tasman Rope Access Pty Ltd at [37]

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Case Details

Built by Barristers,For Australian Law.

Judgment

Built by Barristers,
For Australian Law.