Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed.
Flynote
Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements. Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey).
Letters and negotiations did not create a binding land development contract or proprietary estoppel; appeal dismissed.
Flynote
Contract law – formation – governmental letter of comfort and subsequent conduct – requirement of intention and certainty of essential terms before a binding development agreement; approvals by Executive Council and Governor. Proprietary estoppel – need for representation giving rise to a reasonable expectation of a certain proprietary interest, detrimental reliance and unconscionability; Yeoman’s Row applied. Civil procedure – discovery – additional documents/affidavits cannot cure fundamental absence of estoppel elements. Costs – trial judge’s discretion; limits on awarding costs against successful defendant (Ritter v Godfrey).