10/10/2025
A case which left an indelible mark as a first year law student was Giumelli v Giumelli.
Last week, Kronenberg v Macaulay [2025] NSWCA 195 resurrects the argument of “strength of a promise”. The Plaintiff argued that as he had acted under the understanding that he would be the recipient of two properties upon the death of his father.
The primary judge found that the Plaintiff had relied on his father’s representations about the property inheritance, and had acted to his own detriment in view of this promise.
The Court of Appeal overturned this, stating that (i) the representations made were only limited to certain property arrangements and (ii) that the promise was not clear and unequivocal and finally (iii) that the Plaintiff failed to discharge his onus of establishing reliance. More detail here: https://ow.ly/VZUo50X9xhI
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