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Australia Leading Case proprietary estoppel

Giumelli v Giumelli (Estoppel Remedy)

[1999] HCA 10
JurisdictionAustralia
CourtHigh Court of Australia
Year1999
StatusBinding authority

Summary

Proprietary estoppel requires the court to award the minimum equity to do justice, calibrated by detriment suffered and expectation encouraged.

Key Principle

Proprietary estoppel awards the minimum equity to do justice; the remedy reflects the detriment suffered and the expectation encouraged.

Area of Law

equity

Related Cases

Australian Financial Services and Leasing Pty Ltd v Hills Industries Ltd (2014) 253 CLR 560

Change of position is a defence to a claim in unjust enrichment for mistaken payments where the defendant has detrimentally relied on the receipt.

Equuscorp Pty Ltd v Haxton (2012) 246 CLR 498

Unjust enrichment claims for money paid under illegal contracts may succeed if recovery is consistent with the statutory policy underlying the illegality.

Friend v Brooker (2009) 239 CLR 129

Equitable compensation for breach of fiduciary duty does not require but-for causation, and a fiduciary must account for profits made in breach of their stringent obligations.

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