Drafting Legal Particulars Request

DRaft REQUEST FOR FURTHER AND BETTER PARTICULARS OF THE Defendant’ s Defence and Counterclaim

this the statement of claim

STATEMENT OF CLAIM *. The Plaintiff is and ****as at all material times: a. the second daughter of a Chen; and b. the sister of the First Defendant and Second Defendant. *. The First Defendant, b is and ****as at all material times: a. the third daughter of the Jane Chen; and b. the sister of the Plaintiff and Second Defendant. *. The Second Defendant, c is and ****as at all material times: a. the first daughter of Jane Chen; and b. the sister of the Plaintiff and First Defendant. *. Bet****een on or about May * and August *, after the death of the parties’ father WAAH , the parties’ mother lived alone at * Hendui Avenue, Mount Waverley * (‘the Property’) as her principal place of residence. *. Follo****ing the death of the parties’ father, pursuant to the right of survivorship, the parties’ mother became the sole registered proprietor of the Property. *. At the time of the death of the parties’ father and thereafter, the parties’ mother ****as elderly and in need of care and required financial assistance ****ith the general expenses related to the Property. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant equally paid for all general expenses related to the Property. PARTICULARS The general expenses related to the Property included, but ****ere not limited to: a. rates; b. insurance; c. maintenance costs; and d. operating costs; (‘general expenses’). The general expenses related to the Property ****ere paid equally bet****een the Plaintiff, the First Defendant and the Second Defendant. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant ****ere equally responsible for the care of their mother. *. Further, on or about * the Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to each visit their mother at the Property at least once per ****eek on ****eeknights. *. The Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to allocate one (*) day of the ****eek each ****hen they ****ould visit their mother on ****eeknights. *. On or about * December * and early *, the First Defendant and Second Defendant represented to the Plaintiff or other****ise induced the Plaintiff to assume that the Plaintiff had entered into a concluded, binding and enforceable arrangement ****ith the First Defendant and Second Defendant concerning the Property and for the provision of care of their mother. *. The representation or inducement referred to in paragraph * included, relevantly: a. as an alternative to selling the Property in order to be able to afford to place their mother in an aged care facility, the Plaintiff ****ould move into the Property to care for their mother; b. in moving into the Property, the Plaintiff ****ould pay for any capital improvement costs and general expenses related to the Property; c. by the Plaintiff moving into the Property and becoming responsible for all capital improvement costs and general expenses related to the Property, the First Defendant and the Second Defendant ****ould be relieved of any obligation to continue to pay or contribute to****ards the capital improvement costs and general expenses related to the Property; d. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the First Defendant as payment for any interest that she may have in the Property upon their mother’s death; e. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the Second Defendant as payment for any interest that she may have in the Property upon their mother’s death; f. the Property ****ould be transferred solely to the Plaintiff upon their mother’s death; (‘the representation or inducement’). PARTICULARS The representation or inducement ****as partly oral and partly to be implied from conduct. Insofar as it ****as oral, it ****as constituted by t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at the First Defendant’s home at * Murrumbeena Road, Murrumbeena VIC *. The t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at Murrumbeena took place due to their mother’s deteriorating health, as ****ell as the necessary arrangements ****hich ****ould be required to be made to ensure their mother’s future care and ****ell-being. In particular, the t****o (*) conversations referred to included the representation or inducement pleaded in paragraphs * and * above. Insofar as it ****as to be implied, it is to be implied from the First Defendant and Second Defendant’s conduct by giving effect to the terms of the arrangement by permitting or not objecting to the Plaintiff moving into the Property, the Plaintiff solely paying capital improvement costs and general expenses related to the Property and the First Defendant and Second Defendant ceasing paying the general expenses related to the Property pleaded at paragraph * above upon the arrangement referred to in paragraph *. *. The First Defendant ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena Road pleaded in paragraph * above and agreed to the representation or inducement pleaded in paragraphs * and *. PARTICULARS The First Defendant said to the Plaintiff that she agreed to the representation or inducement pleaded in paragraph * above during the t****o (*) conversations on * December * at Wye River and early * at Murrumbeena Road. *. The Second Defendant: a. ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena pleaded at paragraph * above; b. ****as a****are of the contents of the t****o (*) conversations; c. did not disagree ****ith the representation or inducement pleaded in paragraphs * and * above; and d. ****as a****are that the Plaintiff and the First Defendant had agreed to the representation or inducement pleaded in paragraphs * and * above. *. On or about August *, acting in reliance upon the representations or inducement pleaded in paragraphs * and * above, the Plaintiff, to her detriment, commenced carrying out capital improvements, namely renovations, to the Property. PARTICULARS The Plaintiff carried out capital improvements to the Property in the sum of $*,*. The capital improvements carried out by the Plaintiff to the Property included, but ****ere not limited to: a. internal renovations, including bathroom demolition and rebuild; b. installation of air-conditioning units; c. decorating; d. landscaping; e. plumbing improvements; f. installation of fencing and security systems; and g. se****erage and ****ater improvements and repairs. Further particulars of the cost of the capital improvements to the Property paid by the Plaintiff ****ill be provided prior to the trial of this proceeding. *. On or about April *, ****ith the kno****ledge of the First Defendant and Second Defendant and acting in reliance on the representation or inducement referred to at paragraphs * and * above, the Plaintiff and her husband and their daughter moved into the Property. PARTICULARS The First Defendant and the Second Defendant ****ere a****are that the Plaintiff had moved into the Property on or about April * as the First Defendant and the Second Defendant visited their mother at the Property after the Plaintiff had moved in on or about April *. *. Upon moving into the Property, acting in reliance upon the representation or inducement pleaded in paragraphs * and * above, the Plaintiff: a. took on the primary responsibility of caring for their mother pursuant to the terms of the arrangement bet****een the Plaintiff, the First Defendant and the Second Defendant; b. paid capital improvement costs and general expenses related to the Property ****ithout financial contribution from the First Defendant or Second Defendant. PARTICULARS The Plaintiff refers to and repeats the particulars subjoined to paragraph * above. The Plaintiff made payment of general expenses for the Property bet****een * and to * in the sum of $*,*. Further particulars of the cost of the general expenses for the Property paid by the Plaintiff ****ill be provided prior to the trial of this proceeding. *. Upon moving into the Property, the First Defendant and the Second Defendant did not continue to visit their mother once a ****eek on ****eeknights as they had previously done as referred to at paragraphs * and * above. *. After the representation or inducement pleaded in paragraph * and * above, the First Defendant and the Second Defendant ceased to make any payment for all the general expenses related to the Property. *. At all material times, the First Defendant and the Second Defendant ****ere a****are that the Plaintiff: a. had moved into the Property on or about April *; b. the Plaintiff had taken over responsibility as the primary carer for the parties’ mother; c. ****as undertaking capital improvements to the Property at the Plaintiff’s o****n expense; d. ****as not receiving any financial contributions from the First Defendant nor the Second Defendant to****ards any capital improvement costs or general expenses related to the Property; e. ****as not assisted by the First Defendant nor the Second Defendant in providing day-to-day care of the parties’ mother; and f. ****as paying for the capital improvement costs or general expenses related to the Property. PARTICULARS The First Defendant and the Second Defendant ****ere a****are of the matters pleaded in paragraph *(a) to *(c) as the First Defendant and the Second Defendant visited the Property on various occasions bet****een April * to * November *. The First Defendant and the Second Defendant ****ere a****are of the matters pleaded in paragraphs *(d) to *(f) as the First Defendant and the Second Defendant ****ere not making any financial contributions or payments to the Plaintiff for capital improvement costs, maintenance and general expenses related to the Property and ****ere not providing day-to-day care of the parties’ mother themselves. *. At all material times, neither the First Defendant nor the Second Defendant: a. informed the Plaintiff that they did not agree or that they ****ould not adhere to, abide by or honour the representation or inducement; b. informed the Plaintiff that she ****as not permitted to move into the Property; c. requested that the Plaintiff move out of the Property; d. informed the Plaintiff that she ****as not permitted to carry out capital improvements to****ards the Property; e. sought to make any financial contributions or other contributions to****ards the capital improvements to the Property; f. sought to make any financial contributions or other contributions to****ards the general expenses related to the Property; g. took responsibility for the day-to-day care of the parties’ mother; nor h. informed the Plaintiff that the Plaintiff, the First Defendant nor the Second Defendant had not entered into a concluded, binding and enforceable arrangement referred to in paragraphs * and * above. *. At all material times, the First Defendant and the Second Defendant intended that the Plaintiff carry out or perform the acts pleaded in paragraphs * to * above in reliance on the representations or inducement pleaded in paragraphs * and *. *. Bet****een April * and * December *, the First Defendant requested the Plaintiff to make payments in instalments to the First Defendant as partial payments of the $*,* plus interest referred to in paragraph * above. PARTICULARS The First Defendant requested that the Plaintiff make payments in instalments ****ere oral and made by the First Defendant to the Plaintiff both in person and via telephone calls. *. The Plaintiff did not make payments in instalments to either the First Defendant nor the Second Defendant as requested, pleaded in paragraph * above. *. Further to paragraph * above, the Plaintiff informed the First Defendant that the lack of instalment payments ****ere not detrimental to the First Defendant as the Plaintiff ****ill pay interest on the sum of $*,*. PARTICULARS The Plaintiff cannot recall the precise dates upon ****hich she informed the First Defendant of the matters pleaded in paragraph * but recalls that she informed the First Defendant of the matters pleaded in paragraph * on various occasions both in person and by ****ay of telephone conversations. *. On or about March *, the First Defendant sent the Plaintiff an email attached ****ith a spreadsheet including the First Defendant’s calculation of interest accruing on the sum of $*,* to be paid by the Plaintiff to the First Defendant. *. The Plaintiff ackno****ledged receipt of the First Defendant’s email attached ****ith the spreadsheet on or about March * but did not revie**** the spreadsheet prepared by the First Defendant. PARTICULARS The Plaintiff ackno****ledged receipt of the First Defendant’s email attached ****ith the spreadsheet by ****ay of email in reply and during a telephone call on or around March *. A copy of the email from the Plaintiff to the First Defendant ackno****ledging receipt of the First Defendant’s email is available for inspection at the office of the la****yers acting on behalf of the Plaintiff by prior appointment. *. On or about March *, unbekno****nst to the Plaintiff and the First Defendant, the Second Defendant caused the parties mother to execute a last Will and Testament (‘Will’). PARTICULARS A copy of the Will is available for inspection at the office of the la****yers acting on behalf of the Plaintiff by prior appointment. *. The Will arranged by the Second Defendant and executed by the parties’ mother named Mr Paul Woolrich, the Second Defendant’s husband as the parties’ mother’s executor, and Mr Alan Walters, the First Defendant’s husband as an alternative executor. *. On * December *, the parties mother died. *. Follo****ing the death of the parties’ mother, the First Defendant applied for and obtained Letters of Administration on * August *. *. The Second Defendant did not seek to obtain a grant of probate for the Will. *. On or about October *, the First Defendant caused the transfer of title of the Property to the Plaintiff, the First Defendant and the Second Defendant as tenants in common ****ith equal shares of *.*% each. *. On or about * November *, pursuant to the representations or inducement pleaded in paragraphs * and * above, the Plaintiff sought to make payment of the sums of $*,* plus interest calculated at *% per annum to both the First Defendant and the Second Defendant. PARTICULARS The Plaintiff sought to make payment of the sums of $*,* plus interest calculated at *% per annum to both the First Defendant and the Second Defendant during a discussion bet****een the Plaintiff, the First Defendant and the Second Defendant at *:00pm at Laurent Café in Chadstone Shopping Centre. During the conversation on or about * November * at Chadstone Shopping Centre, the Plaintiff, the First Defendant and the Second Defendant discussed the Property. The First Defendant and the Second Defendant expressed that they ****ere displeased that they ****ould have to pay Capital Gains Tax on their share of the Property and indicated that they did not intend to be bound by the arrangement. During the conversation on or about * November *, the First Defendant accused the Plaintiff of providing incorrect advice regarding Capital Gains Tax and threatened to ‘take [the Plaintiff] to VCAT’. During the conversation, the Second Defendant disclosed that the parties’ mother had executed the Will referred to in paragraph * above. The Plaintiff informed the Second Defendant that the preparation and ****ithholding of the Will ****as unethical and that the Second Defendant ought to have presented the Will during the application for probate. At the conclusion of the conversation, the Second Defendant asked the Plaintiff if the Plaintiff had revie****ed the spreadsheet prepared by the First Defendant, referred to in paragraphs * and * above. The Plaintiff informed the Second Defendant that she had ackno****ledged receipt of the First Plaintiff’s email attached ****ith the spreadsheet but had not revie****ed the spreadsheet’s contents. The Second Defendant suggested that the Plaintiff ‘come up ****ith an option that ****as beneficial’ to the First Defendant and Second Defendant as the Second Defendant ****as under the impression that Capital Gains Tax ****ould absorb a large share of the First Defendant and Second Defendant’s payments under the arrangement. The Second Defendant stated to the Plaintiff that the First Defendant and Second Defendant ****ould only receive *% of the $*,* plus interest because of the application of Capital Gains Tax and that this ****as unfair to the First Defendant and Second Defendant. *. Neither the First Defendant nor the Second Defendant have agreed to allo**** the Plaintiff to make payment to the First Defendant or the Second Defendant each of the sum of $*,* plus interest calculated at *% per annum for their interest in the Property. *. By reason of the matters pleaded in paragraphs * to * above, the assumption or expectation created by the representation or inducement ****as not fulfilled by the First Defendant and the Second Defendant pleaded in paragraph * and * above. *. By reason of the matters pleaded in paragraphs * to *, and as a consequence of the First Defendant and the Second Defendant failing, refusing or neglecting to fulfill the assumption or expectation created by the representation or inducement pleaded in paragraph * and * above, the Plaintiff has suffered detriment. PARTICULARS The detriment suffered by the Plaintiff includes, but is not limited to: a. the Property not being transferred solely to the Plaintiff by the First Defendant and the Second Defendant; b. capital improvement costs related to the Property; c. general expenses related to Property; and d. being precluded from exercising her legal rights to bring a family provision claim under Administration and Probate Act * (Vic). The Plaintiff refers to and repeats the particulars subjoined at paragraphs * and * above. Further and full particulars of the Plaintiff’s detriment ****ill be provided prior to the trial of this proceeding. *. The First Defendant and the Second Defendant have not acted to avoid the detriment to the Plaintiff by fulfilling the assumption or expectation created by the representation or inducement pleaded in paragraphs * and * above. *. In the premises referred to above, the First Defendant and the Second Defendant have acted unconscionably. *. In the premises referred to above, the First Defendant and the Second Defendant: a. are estopped from denying the representation or inducement pleaded in paragraphs * and * above; b. are estopped from denying that they had entered into a concluded, binding and enforceable arrangement concerning the Property by reason of the representation or inducement pleaded in paragraphs * and * above; c. are estopped from refusing to accept payment from the Plaintiff in the sums of $*,* plus interest calculated at *% per annum each; d. are estopped from refusing to execute such documents as are necessary to transfer their interest in the Property solely to the Plaintiff; and e. are obligated to forth****ith: i. provide such payment directions as are necessary to allo**** the Plaintiff to make payment in the sums of $*,* plus interest calculated at *% per annum each; and ii. execute such documents as are necessary to transfer their interests in the Property solely to the Plaintiff. *. Alternatively to the foregoing, the Plaintiff expended time, money and effort in performance of her obligations by reason of the representations or inducement by the First Defendant and Second Defendant as pleaded at paragraphs * to * above. *. The Plaintiff expended time, money and effort in performance of her obligations pursuant to the representations or inducement by the First Defendant and the Second Defendant as pleaded in paragraphs * and * above under the mistaken belief that: a. the Plaintiff, the First Defendant and the Second Defendant had entered into a binding and enforceable arrangement by reason of the representation or inducement pleaded in paragraph * and * above; b. the First Defendant and the Second Defendant ****ould perform their obligations pursuant to the binding and enforceable arrangement by reason of the representation or inducement, by accepting payment in the sums of $*,* plus interest calculated at *% per annum each and transferring their interests in the Property solely to the Plaintiff. *. At all material times, the First Defendant and Second Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the representation or inducement by the First Defendant and the Second Defendant as pleaded in paragraphs * to * above. *. The First Defendant and the Second Defendant: a. encouraged the Plaintiff to perform the obligations pursuant to the representation or inducement; and b. did not inform the Plaintiff that they ****ould not pay, reimburse or other****ise compensate the Plaintiff for the performance of her obligations pursuant to the representation or inducement. *. In the premises referred to in paragraphs * to * above, the First Defendant and the Second Defendant: a. have been unjustly enriched at the expense of the Plaintiff; b. have been incontrovertibly benefited by the performance of the obligations pursuant to the representation or inducement by the Plaintiff ****ithout proper detriment. *. In the premises referred to in paragraphs * to * above: a. it ****ould be unjust and unconscionable for the First Defendant and the Second Defendant not to pay the Plaintiff for the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement; b. the First Defendant and the Second Defendant is subject to an obligation to give restitution to the Plaintiff in a sum equivalent to the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement plus interest thereon; and c. the First Defendant and the Second Defendant are indebted to the Plaintiff for the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement. *. Alternatively to the matters pleaded in paragraphs *, *, *, *, *, *, *, *, * and * above, the First Defendant kno****ingly or recklessly represented to the Plaintiff the matters pleaded in paragraph * above (‘the First Defendant’s representations’). PARTICULARS The First Defendant’s representations ****ere partly oral and partly to be implied from conduct. Insofar as it ****as oral, the representations ****ere constituted by conversations bet****een the Plaintiff and the First Defendant on or around * December * at Wye River, early * at Murrumbeena Road and conversations bet****een the Plaintiff and the First Defendant bet****een April * and * December *. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. Insofar as the representations ****ere implied, the First Defendant’s representations ****ere to be implied from the First Defendant’s conduct by giving effect to representation, by permitting or not objecting to the Plaintiff moving into the Property, allo****ing the Plaintiff to pay any capital improvement costs and general expenses for the Property and no longer equally bearing or contributing to****ards the general expenses pleaded in paragraph * above. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. *. By reason of the matters pleaded in *, *, *, *, *, *, *, * and * above, the Second Defendant kno****ingly or recklessly represented to the Plaintiff the matters pleaded in paragraph * above (‘the Second Defendant’s representations’). PARTICULARS The Second Defendant’s representations ****ere to be implied by the Second Defendant’s conduct. The Second Defendant’s representations ****ere to be implied from the Second Defendant’s conduct by: a. being party to conversations ****ith the Plaintiff and the First Defendant on or around * December * at Wye River and early * at Murrumbeena; b. being a****are of the contents of the conversations ****ith the Plaintiff and the First Defendant on or around * December * at Wye River and early * at Murrumbeena; c. not objecting to the matters pleaded in paragraphs * and * above; d. being a****are that the Plaintiff ****as operating on the understanding that the Plaintiff, the First Defendant and the Second Defendant had entered into the arrangement pleaded in paragraphs * and * above; e. not informing the Plaintiff that the Second Defendant did not intend to be bound by the arrangement pleaded in paragraphs * and * above. f. not informing the Plaintiff that the Second Defendant ****ould not comply ****ith the arrangement pleaded in paragraphs * and * above; g. allo****ing the Plaintiff to carry out her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the representation of the Second Defendant; h. obtaining the benefit of the Plaintiff carrying out her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the Second Defendant’s representations; and i. giving effect to the arrangement pleaded in paragraphs * and * above by permitting or not objecting to the Plaintiff moving into the Property, allo****ing the Plaintiff to pay any capital improvement costs and general expenses for the Property and no longer equally bearing or contributing to****ards the general expenses pleaded in paragraph * above. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. *. At all material times, the First Defendant and the Second Defendant intended that the Plaintiff carry out or perform the acts pleaded in paragraphs * to * above in reliance upon the First Defendant’s representations and the Second Defendant’s representations. *. By reason of the matters pleaded in paragraphs * to * above, at all material times the Plaintiff believed and acted to her detriment in reliance upon the First Defendant’s representations and the Second Defendant’s representations. *. At all material times, the First Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the First Defendant’s representations. *. At all material times, the Second Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the Second Defendant’s representations. *. The First Defendant’s representations ****ere false as the First Defendant has failed, refused or neglected to comply or give effect to her representations. *. By reason of the matters pleaded in paragraphs * to *, *, * to *, * to *, *, *, *, *, *, *, *, * and * above, the First Defendant kne**** or ought to have kno****n that the First Defendant’s representations ****ere false. *. The Second Defendant’s representations ****ere false as the First Defendant has failed, refused or neglected to comply or give effect to their representations. *. By reason of the matters pleaded in paragraphs * to *, *, * to *, *, *, * to *, *, *, *, *, *, *, *, * and * above, the Second Defendant kne**** or ought to have kno****n that the Second Defendant’s representations ****ere false. *. In the premises referred to in paragraphs * to * above, the Plaintiff has suffered loss and damage. PARTICULARS The Plaintiff’s loss and damage includes, but is not limited to: a. capital improvement costs related to the Property; and b. general expenses related to the Property; and c. being the primary carer of the parties’ mother ****ithout compensation or reimbursement. The Plaintiff refers to and repeats the particulars subjoined to paragraphs * and * above. Further and full particulars of the Plaintiff’s loss and damage ****ill be provided prior to the trial of this proceeding. AND THE PLAINTIFF CLAIMS AGAINST THE FIRST DEFENDANT AND SECOND DEFENDANT: A. A declaration that the First Defendant and Second Defendant: i. are estopped from denying that they had entered into a concluded, binding and enforceable arrangement by reason of the representation or inducement on the terms pleaded in paragraphs * and * above; ii. are estopped from refusing to accept payment from the Plaintiff in the sum of $*,* plus interest calculated at *% per annum each for their interests in the Property; iii. are estopped from refusing to transfer their interest in the Property to the Plaintiff; iv. are each obligated to forth****ith execute such documents as are necessary to transfer their interest in the Property to the Plaintiff. B. Alternatively to A, the First Defendant and Second Defendant make payment to the Plaintiff by ****ay of restitution for the time, moneys and effort expended by the Plaintiff as the Court shall determine. C. Damages. D. Compensation. E. Interest. F. Costs. G. Such further or other orders or direction as the Court deems appropriate. STATEMENT OF CLAIM *. The Plaintiff is and ****as at all material times: a. the second daughter of a Chen; and b. the sister of the First Defendant and Second Defendant. *. The First Defendant, b is and ****as at all material times: a. the third daughter of the Jane Chen; and b. the sister of the Plaintiff and Second Defendant. *. The Second Defendant, c is and ****as at all material times: a. the first daughter of Jane Chen; and b. the sister of the Plaintiff and First Defendant. *. Bet****een on or about May * and August *, after the death of the parties’ father WAAH , the parties’ mother lived alone at * Hendui Avenue, Mount Waverley * (‘the Property’) as her principal place of residence. *. Follo****ing the death of the parties’ father, pursuant to the right of survivorship, the parties’ mother became the sole registered proprietor of the Property. *. At the time of the death of the parties’ father and thereafter, the parties’ mother ****as elderly and in need of care and required financial assistance ****ith the general expenses related to the Property. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant equally paid for all general expenses related to the Property. PARTICULARS The general expenses related to the Property included, but ****ere not limited to: a. rates; b. insurance; c. maintenance costs; and d. operating costs; (‘general expenses’). The general expenses related to the Property ****ere paid equally bet****een the Plaintiff, the First Defendant and the Second Defendant. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant ****ere equally responsible for the care of their mother. *. Further, on or about * the Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to each visit their mother at the Property at least once per ****eek on ****eeknights. *. The Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to allocate one (*) day of the ****eek each ****hen they ****ould visit their mother on ****eeknights. *. On or about * December * and early *, the First Defendant and Second Defendant represented to the Plaintiff or other****ise induced the Plaintiff to assume that the Plaintiff had entered into a concluded, binding and enforceable arrangement ****ith the First Defendant and Second Defendant concerning the Property and for the provision of care of their mother. *. The representation or inducement referred to in paragraph * included, relevantly: a. as an alternative to selling the Property in order to be able to afford to place their mother in an aged care facility, the Plaintiff ****ould move into the Property to care for their mother; b. in moving into the Property, the Plaintiff ****ould pay for any capital improvement costs and general expenses related to the Property; c. by the Plaintiff moving into the Property and becoming responsible for all capital improvement costs and general expenses related to the Property, the First Defendant and the Second Defendant ****ould be relieved of any obligation to continue to pay or contribute to****ards the capital improvement costs and general expenses related to the Property; d. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the First Defendant as payment for any interest that she may have in the Property upon their mother’s death; e. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the Second Defendant as payment for any interest that she may have in the Property upon their mother’s death; f. the Property ****ould be transferred solely to the Plaintiff upon their mother’s death; (‘the representation or inducement’). PARTICULARS The representation or inducement ****as partly oral and partly to be implied from conduct. Insofar as it ****as oral, it ****as constituted by t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at the First Defendant’s home at * Murrumbeena Road, Murrumbeena VIC *. The t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at Murrumbeena took place due to their mother’s deteriorating health, as ****ell as the necessary arrangements ****hich ****ould be required to be made to ensure their mother’s future care and ****ell-being. In particular, the t****o (*) conversations referred to included the representation or inducement pleaded in paragraphs * and * above. Insofar as it ****as to be implied, it is to be implied from the First Defendant and Second Defendant’s conduct by giving effect to the terms of the arrangement by permitting or not objecting to the Plaintiff moving into the Property, the Plaintiff solely paying capital improvement costs and general expenses related to the Property and the First Defendant and Second Defendant ceasing paying the general expenses related to the Property pleaded at paragraph * above upon the arrangement referred to in paragraph *. *. The First Defendant ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena Road pleaded in paragraph * above and agreed to the representation or inducement pleaded in paragraphs * and *. PARTICULARS The First Defendant said to the Plaintiff that she agreed to the representation or inducement pleaded in paragraph * above during the t****o (*) conversations on * December * at Wye River and early * at Murrumbeena Road. *. The Second Defendant: a. ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena pleaded at paragraph * above; b. ****as a****are of the contents of the t****o (*) conversations; c. did not disagree ****ith the representation or inducement pleaded in paragraphs * and * above; and d. ****as a****are that the Plaintiff and the First Defendant had agreed to the representation or inducement pleaded in paragraphs * and * above. *. On or about August *, acting in reliance upon the representations or inducement pleaded in paragraphs * and * above, the Plaintiff, to her detriment, commenced carrying out capital improvements, namely renovations, to the Property. PARTICULARS The Plaintiff carried out capital improvements to the Property in the sum of $*,*. The capital improvements carried out by the Plaintiff to the Property included, but ****ere not limited to: a. internal renovations, including bathroom demolition and rebuild; b. installation of air-conditioning units; c. decorating; d. landscaping; e. plumbing improvements; f. installation of fencing and security systems; and g. se****erage and ****ater improvements and repairs. Further particulars of the cost of the capital improvements to the Property paid by the Plaintiff ****ill be provided prior to the trial of this proceeding. *. On or about April *, ****ith the kno****ledge of the First Defendant and Second Defendant and acting in reliance on the representation or inducement referred to at paragraphs * and * above, the Plaintiff and her husband and their daughter moved into the Property. PARTICULARS The First Defendant and the Second Defendant ****ere a****are that the Plaintiff had moved into the Property on or about April * as the First Defendant and the Second Defendant visited their mother at the Property after the Plaintiff had moved in on or about April *. *. Upon moving into the Property, acting in reliance upon the representation or inducement pleaded in paragraphs * and * above, the Plaintiff: a. took on the primary responsibility of caring for their mother pursuant to the terms of the arrangement bet****een the Plaintiff, the First Defendant and the Second Defendant; b. paid capital improvement costs and general expenses related to the Property ****ithout financial contribution from the First Defendant or Second Defendant. PARTICULARS The Plaintiff refers to and repeats the particulars subjoined to paragraph * above. The Plaintiff made payment of general expenses for the Property bet****een * and to * in the sum of $*,*. Further particulars of the cost of the general expenses for the Property paid by the Plaintiff ****ill be provided prior to the trial of this proceeding. *. Upon moving into the Property, the First Defendant and the Second Defendant did not continue to visit their mother once a ****eek on ****eeknights as they had previously done as referred to at paragraphs * and * above. *. After the representation or inducement pleaded in paragraph * and * above, the First Defendant and the Second Defendant ceased to make any payment for all the general expenses related to the Property. *. At all material times, the First Defendant and the Second Defendant ****ere a****are that the Plaintiff: a. had moved into the Property on or about April *; b. the Plaintiff had taken over responsibility as the primary carer for the parties’ mother; c. ****as undertaking capital improvements to the Property at the Plaintiff’s o****n expense; d. ****as not receiving any financial contributions from the First Defendant nor the Second Defendant to****ards any capital improvement costs or general expenses related to the Property; e. ****as not assisted by the First Defendant nor the Second Defendant in providing day-to-day care of the parties’ mother; and f. ****as paying for the capital improvement costs or general expenses related to the Property. PARTICULARS The First Defendant and the Second Defendant ****ere a****are of the matters pleaded in paragraph *(a) to *(c) as the First Defendant and the Second Defendant visited the Property on various occasions bet****een April * to * November *. The First Defendant and the Second Defendant ****ere a****are of the matters pleaded in paragraphs *(d) to *(f) as the First Defendant and the Second Defendant ****ere not making any financial contributions or payments to the Plaintiff for capital improvement costs, maintenance and general expenses related to the Property and ****ere not providing day-to-day care of the parties’ mother themselves. *. At all material times, neither the First Defendant nor the Second Defendant: a. informed the Plaintiff that they did not agree or that they ****ould not adhere to, abide by or honour the representation or inducement; b. informed the Plaintiff that she ****as not permitted to move into the Property; c. requested that the Plaintiff move out of the Property; d. informed the Plaintiff that she ****as not permitted to carry out capital improvements to****ards the Property; e. sought to make any financial contributions or other contributions to****ards the capital improvements to the Property; f. sought to make any financial contributions or other contributions to****ards the general expenses related to the Property; g. took responsibility for the day-to-day care of the parties’ mother; nor h. informed the Plaintiff that the Plaintiff, the First Defendant nor the Second Defendant had not entered into a concluded, binding and enforceable arrangement referred to in paragraphs * and * above. *. At all material times, the First Defendant and the Second Defendant intended that the Plaintiff carry out or perform the acts pleaded in paragraphs * to * above in reliance on the representations or inducement pleaded in paragraphs * and *. *. Bet****een April * and * December *, the First Defendant requested the Plaintiff to make payments in instalments to the First Defendant as partial payments of the $*,* plus interest referred to in paragraph * above. PARTICULARS The First Defendant requested that the Plaintiff make payments in instalments ****ere oral and made by the First Defendant to the Plaintiff both in person and via telephone calls. *. The Plaintiff did not make payments in instalments to either the First Defendant nor the Second Defendant as requested, pleaded in paragraph * above. *. Further to paragraph * above, the Plaintiff informed the First Defendant that the lack of instalment payments ****ere not detrimental to the First Defendant as the Plaintiff ****ill pay interest on the sum of $*,*. PARTICULARS The Plaintiff cannot recall the precise dates upon ****hich she informed the First Defendant of the matters pleaded in paragraph * but recalls that she informed the First Defendant of the matters pleaded in paragraph * on various occasions both in person and by ****ay of telephone conversations. *. On or about March *, the First Defendant sent the Plaintiff an email attached ****ith a spreadsheet including the First Defendant’s calculation of interest accruing on the sum of $*,* to be paid by the Plaintiff to the First Defendant. *. The Plaintiff ackno****ledged receipt of the First Defendant’s email attached ****ith the spreadsheet on or about March * but did not revie**** the spreadsheet prepared by the First Defendant. PARTICULARS The Plaintiff ackno****ledged receipt of the First Defendant’s email attached ****ith the spreadsheet by ****ay of email in reply and during a telephone call on or around March *. A copy of the email from the Plaintiff to the First Defendant ackno****ledging receipt of the First Defendant’s email is available for inspection at the office of the la****yers acting on behalf of the Plaintiff by prior appointment. *. On or about March *, unbekno****nst to the Plaintiff and the First Defendant, the Second Defendant caused the parties mother to execute a last Will and Testament (‘Will’). PARTICULARS A copy of the Will is available for inspection at the office of the la****yers acting on behalf of the Plaintiff by prior appointment. *. The Will arranged by the Second Defendant and executed by the parties’ mother named Mr Paul Woolrich, the Second Defendant’s husband as the parties’ mother’s executor, and Mr Alan Walters, the First Defendant’s husband as an alternative executor. *. On * December *, the parties mother died. *. Follo****ing the death of the parties’ mother, the First Defendant applied for and obtained Letters of Administration on * August *. *. The Second Defendant did not seek to obtain a grant of probate for the Will. *. On or about October *, the First Defendant caused the transfer of title of the Property to the Plaintiff, the First Defendant and the Second Defendant as tenants in common ****ith equal shares of *.*% each. *. On or about * November *, pursuant to the representations or inducement pleaded in paragraphs * and * above, the Plaintiff sought to make payment of the sums of $*,* plus interest calculated at *% per annum to both the First Defendant and the Second Defendant. PARTICULARS The Plaintiff sought to make payment of the sums of $*,* plus interest calculated at *% per annum to both the First Defendant and the Second Defendant during a discussion bet****een the Plaintiff, the First Defendant and the Second Defendant at *:00pm at Laurent Café in Chadstone Shopping Centre. During the conversation on or about * November * at Chadstone Shopping Centre, the Plaintiff, the First Defendant and the Second Defendant discussed the Property. The First Defendant and the Second Defendant expressed that they ****ere displeased that they ****ould have to pay Capital Gains Tax on their share of the Property and indicated that they did not intend to be bound by the arrangement. During the conversation on or about * November *, the First Defendant accused the Plaintiff of providing incorrect advice regarding Capital Gains Tax and threatened to ‘take [the Plaintiff] to VCAT’. During the conversation, the Second Defendant disclosed that the parties’ mother had executed the Will referred to in paragraph * above. The Plaintiff informed the Second Defendant that the preparation and ****ithholding of the Will ****as unethical and that the Second Defendant ought to have presented the Will during the application for probate. At the conclusion of the conversation, the Second Defendant asked the Plaintiff if the Plaintiff had revie****ed the spreadsheet prepared by the First Defendant, referred to in paragraphs * and * above. The Plaintiff informed the Second Defendant that she had ackno****ledged receipt of the First Plaintiff’s email attached ****ith the spreadsheet but had not revie****ed the spreadsheet’s contents. The Second Defendant suggested that the Plaintiff ‘come up ****ith an option that ****as beneficial’ to the First Defendant and Second Defendant as the Second Defendant ****as under the impression that Capital Gains Tax ****ould absorb a large share of the First Defendant and Second Defendant’s payments under the arrangement. The Second Defendant stated to the Plaintiff that the First Defendant and Second Defendant ****ould only receive *% of the $*,* plus interest because of the application of Capital Gains Tax and that this ****as unfair to the First Defendant and Second Defendant. *. Neither the First Defendant nor the Second Defendant have agreed to allo**** the Plaintiff to make payment to the First Defendant or the Second Defendant each of the sum of $*,* plus interest calculated at *% per annum for their interest in the Property. *. By reason of the matters pleaded in paragraphs * to * above, the assumption or expectation created by the representation or inducement ****as not fulfilled by the First Defendant and the Second Defendant pleaded in paragraph * and * above. *. By reason of the matters pleaded in paragraphs * to *, and as a consequence of the First Defendant and the Second Defendant failing, refusing or neglecting to fulfill the assumption or expectation created by the representation or inducement pleaded in paragraph * and * above, the Plaintiff has suffered detriment. PARTICULARS The detriment suffered by the Plaintiff includes, but is not limited to: a. the Property not being transferred solely to the Plaintiff by the First Defendant and the Second Defendant; b. capital improvement costs related to the Property; c. general expenses related to Property; and d. being precluded from exercising her legal rights to bring a family provision claim under Administration and Probate Act * (Vic). The Plaintiff refers to and repeats the particulars subjoined at paragraphs * and * above. Further and full particulars of the Plaintiff’s detriment ****ill be provided prior to the trial of this proceeding. *. The First Defendant and the Second Defendant have not acted to avoid the detriment to the Plaintiff by fulfilling the assumption or expectation created by the representation or inducement pleaded in paragraphs * and * above. *. In the premises referred to above, the First Defendant and the Second Defendant have acted unconscionably. *. In the premises referred to above, the First Defendant and the Second Defendant: a. are estopped from denying the representation or inducement pleaded in paragraphs * and * above; b. are estopped from denying that they had entered into a concluded, binding and enforceable arrangement concerning the Property by reason of the representation or inducement pleaded in paragraphs * and * above; c. are estopped from refusing to accept payment from the Plaintiff in the sums of $*,* plus interest calculated at *% per annum each; d. are estopped from refusing to execute such documents as are necessary to transfer their interest in the Property solely to the Plaintiff; and e. are obligated to forth****ith: i. provide such payment directions as are necessary to allo**** the Plaintiff to make payment in the sums of $*,* plus interest calculated at *% per annum each; and ii. execute such documents as are necessary to transfer their interests in the Property solely to the Plaintiff. *. Alternatively to the foregoing, the Plaintiff expended time, money and effort in performance of her obligations by reason of the representations or inducement by the First Defendant and Second Defendant as pleaded at paragraphs * to * above. *. The Plaintiff expended time, money and effort in performance of her obligations pursuant to the representations or inducement by the First Defendant and the Second Defendant as pleaded in paragraphs * and * above under the mistaken belief that: a. the Plaintiff, the First Defendant and the Second Defendant had entered into a binding and enforceable arrangement by reason of the representation or inducement pleaded in paragraph * and * above; b. the First Defendant and the Second Defendant ****ould perform their obligations pursuant to the binding and enforceable arrangement by reason of the representation or inducement, by accepting payment in the sums of $*,* plus interest calculated at *% per annum each and transferring their interests in the Property solely to the Plaintiff. *. At all material times, the First Defendant and Second Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the representation or inducement by the First Defendant and the Second Defendant as pleaded in paragraphs * to * above. *. The First Defendant and the Second Defendant: a. encouraged the Plaintiff to perform the obligations pursuant to the representation or inducement; and b. did not inform the Plaintiff that they ****ould not pay, reimburse or other****ise compensate the Plaintiff for the performance of her obligations pursuant to the representation or inducement. *. In the premises referred to in paragraphs * to * above, the First Defendant and the Second Defendant: a. have been unjustly enriched at the expense of the Plaintiff; b. have been incontrovertibly benefited by the performance of the obligations pursuant to the representation or inducement by the Plaintiff ****ithout proper detriment. *. In the premises referred to in paragraphs * to * above: a. it ****ould be unjust and unconscionable for the First Defendant and the Second Defendant not to pay the Plaintiff for the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement; b. the First Defendant and the Second Defendant is subject to an obligation to give restitution to the Plaintiff in a sum equivalent to the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement plus interest thereon; and c. the First Defendant and the Second Defendant are indebted to the Plaintiff for the time, money and effort expended by the Plaintiff in performance of her obligations pursuant to the representation or inducement. *. Alternatively to the matters pleaded in paragraphs *, *, *, *, *, *, *, *, * and * above, the First Defendant kno****ingly or recklessly represented to the Plaintiff the matters pleaded in paragraph * above (‘the First Defendant’s representations’). PARTICULARS The First Defendant’s representations ****ere partly oral and partly to be implied from conduct. Insofar as it ****as oral, the representations ****ere constituted by conversations bet****een the Plaintiff and the First Defendant on or around * December * at Wye River, early * at Murrumbeena Road and conversations bet****een the Plaintiff and the First Defendant bet****een April * and * December *. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. Insofar as the representations ****ere implied, the First Defendant’s representations ****ere to be implied from the First Defendant’s conduct by giving effect to representation, by permitting or not objecting to the Plaintiff moving into the Property, allo****ing the Plaintiff to pay any capital improvement costs and general expenses for the Property and no longer equally bearing or contributing to****ards the general expenses pleaded in paragraph * above. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. *. By reason of the matters pleaded in *, *, *, *, *, *, *, * and * above, the Second Defendant kno****ingly or recklessly represented to the Plaintiff the matters pleaded in paragraph * above (‘the Second Defendant’s representations’). PARTICULARS The Second Defendant’s representations ****ere to be implied by the Second Defendant’s conduct. The Second Defendant’s representations ****ere to be implied from the Second Defendant’s conduct by: a. being party to conversations ****ith the Plaintiff and the First Defendant on or around * December * at Wye River and early * at Murrumbeena; b. being a****are of the contents of the conversations ****ith the Plaintiff and the First Defendant on or around * December * at Wye River and early * at Murrumbeena; c. not objecting to the matters pleaded in paragraphs * and * above; d. being a****are that the Plaintiff ****as operating on the understanding that the Plaintiff, the First Defendant and the Second Defendant had entered into the arrangement pleaded in paragraphs * and * above; e. not informing the Plaintiff that the Second Defendant did not intend to be bound by the arrangement pleaded in paragraphs * and * above. f. not informing the Plaintiff that the Second Defendant ****ould not comply ****ith the arrangement pleaded in paragraphs * and * above; g. allo****ing the Plaintiff to carry out her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the representation of the Second Defendant; h. obtaining the benefit of the Plaintiff carrying out her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the Second Defendant’s representations; and i. giving effect to the arrangement pleaded in paragraphs * and * above by permitting or not objecting to the Plaintiff moving into the Property, allo****ing the Plaintiff to pay any capital improvement costs and general expenses for the Property and no longer equally bearing or contributing to****ards the general expenses pleaded in paragraph * above. The Plaintiff refers to and repeats the particulars subjoined to paragraphs *, * and * above. *. At all material times, the First Defendant and the Second Defendant intended that the Plaintiff carry out or perform the acts pleaded in paragraphs * to * above in reliance upon the First Defendant’s representations and the Second Defendant’s representations. *. By reason of the matters pleaded in paragraphs * to * above, at all material times the Plaintiff believed and acted to her detriment in reliance upon the First Defendant’s representations and the Second Defendant’s representations. *. At all material times, the First Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the First Defendant’s representations. *. At all material times, the Second Defendant kne**** that the Plaintiff ****as performing her obligations pursuant to the arrangement pleaded in paragraphs * and * above in reliance upon the Second Defendant’s representations. *. The First Defendant’s representations ****ere false as the First Defendant has failed, refused or neglected to comply or give effect to her representations. *. By reason of the matters pleaded in paragraphs * to *, *, * to *, * to *, *, *, *, *, *, *, *, * and * above, the First Defendant kne**** or ought to have kno****n that the First Defendant’s representations ****ere false. *. The Second Defendant’s representations ****ere false as the First Defendant has failed, refused or neglected to comply or give effect to their representations. *. By reason of the matters pleaded in paragraphs * to *, *, * to *, *, *, * to *, *, *, *, *, *, *, *, * and * above, the Second Defendant kne**** or ought to have kno****n that the Second Defendant’s representations ****ere false. *. In the premises referred to in paragraphs * to * above, the Plaintiff has suffered loss and damage. PARTICULARS The Plaintiff’s loss and damage includes, but is not limited to: a. capital improvement costs related to the Property; and b. general expenses related to the Property; and c. being the primary carer of the parties’ mother ****ithout compensation or reimbursement. The Plaintiff refers to and repeats the particulars subjoined to paragraphs * and * above. Further and full particulars of the Plaintiff’s loss and damage ****ill be provided prior to the trial of this proceeding. AND THE PLAINTIFF CLAIMS AGAINST THE FIRST DEFENDANT AND SECOND DEFENDANT: A. A declaration that the First Defendant and Second Defendant: i. are estopped from denying that they had entered into a concluded, binding and enforceable arrangement by reason of the representation or inducement on the terms pleaded in paragraphs * and * above; ii. are estopped from refusing to accept payment from the Plaintiff in the sum of $*,* plus interest calculated at *% per annum each for their interests in the Property; iii. are estopped from refusing to transfer their interest in the Property to the Plaintiff; iv. are each obligated to forth****ith execute such documents as are necessary to transfer their interest in the Property to the Plaintiff. B. Alternatively to A, the First Defendant and Second Defendant make payment to the Plaintiff by ****ay of restitution for the time, moneys and effort expended by the Plaintiff as the Court shall determine. C. Damages. D. Compensation. E. Interest. F. Costs. G. Such further or other orders or direction as the Court deems appropriate. STATEMENT OF CLAIM *. The Plaintiff is and ****as at all material times: a. the second daughter of a Chen; and b. the sister of the First Defendant and Second Defendant. *. The First Defendant, b is and ****as at all material times: a. the third daughter of the Jane Chen; and b. the sister of the Plaintiff and Second Defendant. *. The Second Defendant, c is and ****as at all material times: a. the first daughter of Jane Chen; and b. the sister of the Plaintiff and First Defendant. *. Bet****een on or about May * and August *, after the death of the parties’ father WAAH , the parties’ mother lived alone at * Hendui Avenue, Mount Waverley * (‘the Property’) as her principal place of residence. *. Follo****ing the death of the parties’ father, pursuant to the right of survivorship, the parties’ mother became the sole registered proprietor of the Property. *. At the time of the death of the parties’ father and thereafter, the parties’ mother ****as elderly and in need of care and required financial assistance ****ith the general expenses related to the Property. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant equally paid for all general expenses related to the Property. PARTICULARS The general expenses related to the Property included, but ****ere not limited to: a. rates; b. insurance; c. maintenance costs; and d. operating costs; (‘general expenses’). The general expenses related to the Property ****ere paid equally bet****een the Plaintiff, the First Defendant and the Second Defendant. *. Bet****een on or about May * and August *, the Plaintiff, the First Defendant and the Second Defendant ****ere equally responsible for the care of their mother. *. Further, on or about * the Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to each visit their mother at the Property at least once per ****eek on ****eeknights. *. The Plaintiff, the First Defendant and the Second Defendant agreed bet****een themselves to allocate one (*) day of the ****eek each ****hen they ****ould visit their mother on ****eeknights. *. On or about * December * and early *, the First Defendant and Second Defendant represented to the Plaintiff or other****ise induced the Plaintiff to assume that the Plaintiff had entered into a concluded, binding and enforceable arrangement ****ith the First Defendant and Second Defendant concerning the Property and for the provision of care of their mother. *. The representation or inducement referred to in paragraph * included, relevantly: a. as an alternative to selling the Property in order to be able to afford to place their mother in an aged care facility, the Plaintiff ****ould move into the Property to care for their mother; b. in moving into the Property, the Plaintiff ****ould pay for any capital improvement costs and general expenses related to the Property; c. by the Plaintiff moving into the Property and becoming responsible for all capital improvement costs and general expenses related to the Property, the First Defendant and the Second Defendant ****ould be relieved of any obligation to continue to pay or contribute to****ards the capital improvement costs and general expenses related to the Property; d. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the First Defendant as payment for any interest that she may have in the Property upon their mother’s death; e. the Plaintiff ****ould pay $*,* plus interest calculated at *% per annum to the Second Defendant as payment for any interest that she may have in the Property upon their mother’s death; f. the Property ****ould be transferred solely to the Plaintiff upon their mother’s death; (‘the representation or inducement’). PARTICULARS The representation or inducement ****as partly oral and partly to be implied from conduct. Insofar as it ****as oral, it ****as constituted by t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at the First Defendant’s home at * Murrumbeena Road, Murrumbeena VIC *. The t****o (*) conversations bet****een the Plaintiff, the First Defendant and the Second Defendant on or around * December * at Wye River, Victoria and early * at Murrumbeena took place due to their mother’s deteriorating health, as ****ell as the necessary arrangements ****hich ****ould be required to be made to ensure their mother’s future care and ****ell-being. In particular, the t****o (*) conversations referred to included the representation or inducement pleaded in paragraphs * and * above. Insofar as it ****as to be implied, it is to be implied from the First Defendant and Second Defendant’s conduct by giving effect to the terms of the arrangement by permitting or not objecting to the Plaintiff moving into the Property, the Plaintiff solely paying capital improvement costs and general expenses related to the Property and the First Defendant and Second Defendant ceasing paying the general expenses related to the Property pleaded at paragraph * above upon the arrangement referred to in paragraph *. *. The First Defendant ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena Road pleaded in paragraph * above and agreed to the representation or inducement pleaded in paragraphs * and *. PARTICULARS The First Defendant said to the Plaintiff that she agreed to the representation or inducement pleaded in paragraph * above during the t****o (*) conversations on * December * at Wye River and early * at Murrumbeena Road. *. The Second Defendant: a. ****as party to the conversations on or around * December * at Wye River and early * at Murrumbeena pleaded at paragraph * above; b. ****as a****are of the contents of the t****o (*) conversations; c. did not disagree ****ith the representation or inducement pleaded in paragraphs * and * above; and d. ****as a****are that the Plaintiff an