FJ and PJ Curran v Almond Investors

Citation: FJ & PN Curran Pty Ltd v Almond Investors Land Pty Ltd [2019] VSCA 236

Judges: Whelan, Niall and Ashley JJA

Judgment: 22 October 2019

Appeal from: FJ & PN Curran Pty Ltd v Almond Investors Land Pty Ltd (No 1) [2018] VCC 722 (Judge Cosgrave)

Keywords (from the Court):

CONTRACTS – Construction of contracts – Rural land – Option to purchase – Lease – Development works for almond farming rendered land unusable – ‘Crop compensation’ paid – Whether crop compensation payable under contractual documents – No entitlement to crop compensation under contract.

EQUITY – Estoppel by convention – Whether representations regarding crop compensation made – … Mutual assumption found – Conventional estoppel found.

EQUITY – Equitable estoppel – Promissory estoppel pleaded as positive right to crop compensation payments – Whether promissory estoppel has defensive character only … Not appropriate case in which to decide principle.

LIMITATION OF ACTIONS …