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Australia Leading Case proprietary estoppelequitable compensation

Giumelli v Giumelli

(1999) 196 CLR 101
JurisdictionAustralia
CourtHigh Court of Australia
Year1999
StatusBinding authority

Summary

Proprietary estoppel may be satisfied by a monetary remedy (equitable charge or compensation) rather than a constructive trust, the court awarding the minimum equity to do justice.

Key Principle

proprietary estoppel; constructive trust or equitable charge; minimum equity to do justice

Area of Law

contract

Related Cases

Mann v Paterson Constructions Pty Ltd (2019) 267 CLR 560

On termination of a building contract, a builder may recover reasonable value of work done in restitution, subject to the contract price as a ceiling where work was performed under a valid contract.

Paciocco v Australia and New Zealand Banking Group Ltd (2016) 258 CLR 525

Bank late payment fees are not penalties where they represent a genuine pre-estimate of loss or protect a legitimate interest of the stipulating party.

Simic v New South Wales Land and Housing Corporation (2016) 260 CLR 85

High Court of Australia examined the principles governing rectification of written contracts for common intention and unilateral mistake in equity.

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