000 01334cab a2200181 4500
001 ABS38431
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u10528
041 _aeng
245 _aBrinnand v Ewens and another
260 _c1987
350 _a0
490 _aEstates Gazette
_v284((6361) 21 November 1987, 1052-1055(2)
520 _aCA 3 June 1987 Appeal from cc decision rejecting a claim by the appellants in possession proceedings, to have acquired an interest in a house, on the ground of proprietary estoppel resulting from expenditure on repairs and improvements to the house by the appellants. CA recalled the four ingredients of proprietary estoppel as stated in Snell`s Principles of Equity. The difficulty in the present case was in regard to the fulfillment of the second and third requirements. With regard to the second, the appellants failed to show that they had incurred the expenditure in belief that they would obtain an interest in the whole property sufficient to justify the expenditure. As for the third requirement, even if the appellants had acted in that belief, there was no evidence that the owner of the house had done anything to encourage it. Therefore, the claim failed.
690 _aLANDLORD AND TENANT-CASE LAW-RESIDENTIAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c6653
_d6653