Proprietary estoppel by acquiescence. Under the traditional view, estoppel by acquiescence is more limited in scope than estoppel by encouragement, as it does not apply to the future acquisition of property rights. EVALUATION OF A PROPRIETARY ESTOPPEL CLAIM TO A FAMILY FARM: Text, Context and Purpose by Justice Geoff Lindsay AM Equity Division, Supreme Court of NSW Abstract Proprietary estoppel in Australia is traditionally divided into two categories: estoppel by encouragement, and estoppel by acquiescence. Dec 19, 2024 · Such a requirement “erroneously conflates” the principles of estoppel by encouragement from a promise with the principles concerning estoppel by acquiescence, the latter extending to a party’s failure to act where such action could spare the other party from detriment. The facts The background was neatly summarized by the plurality (Gageler CJ, Gordon, Edelman and Beech-Jones JJ) as: An estoppel is a useful tool to use in litigation that prevents an individual from going back on their word when they have mutually agreed a set of facts with a second party and the second party has relied upon those facts. ”. They involve different evidentiary issues. stralia is traditionally divided into two categories: estoppel by encouragement, and estoppel by acquiescence. Feb 7, 2025 · In its decision, it discussed the elements required for a proprietary estoppel by encouragement, and distinguished this from proprietary estoppel by acquiescence and the doctrine of perfecting imperfect gifts. After reading this article Supreme Court observed that “ Thus, in cases involving equity or justice also, conduct of the parties has also been considered to be a ground for attracting the doctrine of estoppel by acquiescence or waiver for infringement. The following article and case study will provide a brief overview of the key differences between such doctrines. These two doctrines bear many ike elements, but they are different. Abstract Proprietary estoppel in Australia is traditionally divided into two categories: estoppel by encouragement, and estoppel by acquiescence. Jul 12, 2023 · In consequence, proprietary estoppel by acquiescence is a narrower doctrine than both proprietary estoppel by encouragement and promissory estoppel. The expression “equitable estoppel” covers several discrete equitable doctrines including promissory estoppel, proprietary estoppel 1 by encouragement and proprietary estoppel by acquiescence. Under the traditional view, estoppel by acquiescence is more limi. Of these doctrine , it is estoppel by encouragement and by acquiescence which most com only arise. an estoppel by representation or encouragement; or an estoppel by acquiescence. What is estoppel? Types of estoppel Estoppel by Apr 11, 2025 · The recent High Court decision of Kramer v Stone [2024] HCA 48 is a useful application of the principles of both estoppel by encouragement and estoppel by acquiescence. In this guide, we have broken down the facts as well as presenting some examples as to how this technique can be applied. Dec 18, 2024 · We look at the circumstances of this decision and the landscape of proprietary estoppel in Australia, including how the doctrine of estoppel can affect the estate plans of business owners, farming families and other families. Both of those doctrines can operate in relation to mistaken assumptions about future ownership of property as well as mistakes as to present rights. Understanding that which sets them Introduction “The classic example of proprietary estoppel, standing by whilst one’s neighbour builds on one’s land believing it to be his property, can be characterised as acquiescence”: per Lord Neuberger in Fisher v Brooker [2009] 1 WLR 1764. irx jkizuh mvuyv xrxoi gkryc dewe avv tuzlv mlsepaj vuepy