Ashton v Pratt
Court of Appeal (NSW)
[2015] NSWCA 12
Case details
Court
Court of Appeal
Supreme Court of NSW
Citations
[2015] NSWCA 12
Judges
Bathurst CJ
McColl JA
Meagher JA
Result
Appeal dismissed
Issues
Intention to create legal relations
Certainty
Estoppel
Unconscionability
Link to case
NSW Caselaw ➤
Overview
Catchwords
CONTRACTS – intention – family arrangements - whether intention to create legal relations in a domestic or social context – role of presumptions
CONTRACTS – intention to create legal relations – objective test – oral agreement – imprecise terms - language of obligation – nature of arrangement – where some obligations unenforceable
CONTRACTS – certainty – imprecise terms – language of obligation
CONTRACTS – accord and satisfaction – release – whether there was an offer and acceptance
CONTRACTS – unconscionability – unfair or oppressive conduct – whether evidence of undue pressure
EQUITY – estoppel - assumption or representation – degree of certainty required – nature of transaction - domestic or commercial
EQUITY - estoppel – promissory estoppel – whether must be defensive or negative in substance
EQUITY – estoppel – detriment – whether any detrimental reliance – nature of promises
EQUITY – trusts – intention to create a trust – whether fiduciary obligation breached
APPEAL – civil – rejection of evidence at trial – whether trial judge erred - deference to trial judge – advantage of seeing witness
Held (on issue of intention)
The mere fact that this was a family arrangement did give rise to a presumption that there was no intention; it is part of the relevant circumstances.
In this case there was no intention (even if there was, the contract was void for uncertainty).
Relevant factors were the lack of detail, including in relation to important terms, duration and improbability of promisor’s intention to be bound to what as essentially an unenforceable arrangement.
Held (other grounds)
Other grounds of appeal (estoppel, accord and satisfaction and unconscionable conduct) also failed.