Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 242

ESTOPPEL – proprietary estoppel – encouragement – nature of promise – strata title – promise of easement – whether representation sufficiently clear – where representation made at general meeting – where representation did not define the interest in property the representee was expected to receive – where further documentation was required to be executed to give effect to the representation.

ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – strata title – promise of easement – whether reliance was that of the owners corporation – Strata Schemes Management Act 1996 (NSW) s 21(2) – Strata Schemes Management Act 2015 (NSW) ss 8, 254.

ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – strata title – promise of easement – whether the evidence indicated that the representation was such that the conduct of the lot holders was sufficiently influenced by the representation.

Dr Elisabeth Peden SC and Jennifer Mee represented the First Respondent.

Reasons for the decision can be found here.

Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 62

PRACTICE – stay of execution pending appeal – appropriateness of interlocutory relief – appeal concedely reasonably arguable – whether appellant had established significantly greater prospect of success – balance of convenience – application for stay pending appeal refused

Elisabeth Peden SC and Jennifer Mee represented the Respondent.

Reasons for this decision can be found here.