Thandi v Saggu [2023]

Key Points of the Case:

• Issue at Hand: The case addressed how to quantify remedies in proprietary estoppel claims, particularly in determining the appropriate award for the claimant.

• Decision: The court chose not to follow the approach established in Guest v Guest. Instead, the minority opinion advocated for calculating the award based on the monetary value of the detriment suffered by the claimant.

• Reasoning: This approach contrasts with the expectation-based remedy from Guest v Guest, focusing on the actual financial losses incurred by the claimant rather than the anticipated benefit.

• Impact: The decision emphasises a different method for assessing proprietary estoppel claims, potentially leading to more accurate and equitable compensation by valuing the detriment suffered.

• Legal Implications: By shifting the focus to the monetary value of detriment, this case introduces an alternative perspective on remedy quantification, contributing to the broader discussion on how to appropriately assess claims in proprietary estoppel cases.