PPRuNe Forums - View Single Post - Glen Buckley and Australian small business -V- CASA
Old 18th Jun 2019, 00:32
  #91 (permalink)  
AerialPerspective
 
Join Date: Jul 2009
Location: Australia
Posts: 344
Received 64 Likes on 28 Posts
Originally Posted by Sunfish
Disclaimer: I AM NOT A LAWYER.

”There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration:
  • If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of promissory estoppel may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a contract. The landlord is precluded from asserting a specific right.”
If CASA is changing its reasons all the time, then perhaps that is contravening some dictum like the one above, but Glen would need legal advice. I am not a lawyer and don’t know.
Hi Sunfish, I’m not a lawyer either but your post made me curious as I’d only heard the US definition before so with my parents’ words echoing in my head from when I was growing up “Look it up” I did that and the definition fits both our scenarios so I learn something everyday... (from dictionary.com)...

noun
LAW
  1. the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
    "the case had been one of estoppel"

AerialPerspective is offline