Recent Cases

Penya v Penya [2026] NSWCA 73 (29 April 2026) (Bell CJ, Mitchelmore and Adamson JJA)


Catchwords:


APPEALS — from finding of fact — function of appellate court — whether appropriate for appellate court to interfere with findings of primary judge based on observations of witnesses in the course of the trial

ESTOPPEL — proprietary estoppel — encouragement — nature of promise — where daughter claims parents promised to transfer family home and family business to her during their lifetimes — whether promise clear and unequivocal