The 'Prima Facie Expectation Relief' Approach in the Australian Law of Proprietary Estoppel

35 Pages Posted: 18 Dec 2018 Last revised: 9 Oct 2019

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Date Written: November 14, 2018

Abstract

Whatever the position may have been before the High Court’s decision in Giumelli v Giumelli, it is now well-accepted that, in Australia, proprietary estoppel attracts the prima facie remedy of expectation relief. This paper asks why this remedial approach exists, and how it ought best to be understood. It notes that the ‘prima facie expectation relief’ position may either provide a strong or weak default position — in other words, courts have a choice either to depart from the prima facie position only where the remedy would be significantly disproportionate, or to take a more nuanced approach. Favoring the latter position, it discusses the principle- and policy-related reasons why this provides the best understanding of the remedial approach.

Keywords: Proprietary Estoppel, Australia, Detriment, Proportionality

Suggested Citation

Liew, Ying Khai, The 'Prima Facie Expectation Relief' Approach in the Australian Law of Proprietary Estoppel (November 14, 2018). OJLS, Forthcoming, U of Melbourne Legal Studies Research Paper No. 844, Available at SSRN: https://ssrn.com/abstract=3284240

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
309
Abstract Views
1,221
Rank
175,381
PlumX Metrics