The Remedial Approach to Proprietary Estoppel in Singapore

[2020] Conveyancer and Property Lawyer 11

18 Pages Posted: 14 Jan 2021

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Date Written: 2020

Abstract

This paper argues that the choice of remedial starting point in relation to proprietary estoppel is not simply a choice for claimants as matter of litigation strategy, contrary to the Singaporean Court of Appeal's view in Low Heng Leon Andy v Low Kian Beng Lawrence [2018] 2 SLR 799. It is a matter for the law to decide upon, since it raises an inherently normative question. The aim of proprietary estoppel, which is to avoid detriment, is best reflected when expectation relief is adopted as the starting point, but only where it provides a weak starting position.

Keywords: proprietary estoppel, remedies

JEL Classification: K1, K10, K11, K19

Suggested Citation

Liew, Ying Khai, The Remedial Approach to Proprietary Estoppel in Singapore (2020). [2020] Conveyancer and Property Lawyer 11, Available at SSRN: https://ssrn.com/abstract=3741048

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

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

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