Recent Cases

Kramer v Stone [2023] NSWCA 270 (10 November 2023) (Ward P, Leeming and Kirk JJA)


EQUITY – Proprietary estoppel – Estoppel by encouragement – Knowledge of detriment – Where the deceased promised to leave the property to a sharefarmer who had worked on the property for approximately 40 years – Where the deceased’s will did not do so – Where the sharefarmer continued to share farm on the property in reliance on the representation – Whether the deceased needed to have actual knowledge of detrimental reliance on the representation for estoppel to be established

PROCEDURE – appeals – further evidence – evidence adduced at subsequent hearing before final orders made – whether such evidence “further evidence” for purposes of Supreme Court Act 1970 (NSW), s 75A – whether appellant should be permitted to rely on such evidence following first hearing to impugn findings made after first hearing