Megic, J. v The Public Trustee for the Australian Capital Territory [1995] FCA 606

CATCHWORDS CONTRACT - agreement to leave property by will - revocation of earlier will leaving property as agreed by subsequent will, of which probate was granted - whether appellant entitled to specific performance - whether appellant entitled to damages for breach of contract - whether appellant entitled to succeed in a claim in the nature of a quantum meruit. CONTRACT - meaning and effect of deed - whether deed unenforceable as a contract to provide personal services as consideration for promise not to revoke will devising property to appellant - effect of deceased's refusal of personal services offered. Schaefer v Schuhmann [1972] AC 572 Palmer v Bank of New South Wales [1973] 2 NSWLR 244 Maiden v Maiden (1908) 7 CLR 727 Segur v Franklin (1934) 34 SR (NSW) 67 Lopes v Taylor (1970) 44 ALJR 412 Cole v Evans (Unreported - C/A NSW, 2 May 1975) Theobald on Wills, 15 edn. (1993) Certoma, The Law of Succession in New South Wales, 2 edn. (1992) JOVAN MEGIC v THE PUBLIC TRUSTEE FOR THE AUSTRALIAN CAPITAL TERRITORY No AG 21 of 1995 Gallop, Tamberlin & Kiefel JJ Canberra 11 August 1995

IN THE FEDERAL COURT OF AUSTRALIA) AUSTRALIAN CAPITAL TERRITORY ) DISTRICT REGISTRY ) No. AG 21 of 1995 GENERAL DIVISION ) ON APPEAL FROM THE SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY BETWEEN: JOVAN MEGIC Appellant AND: PUBLIC TRUSTEE FOR THE AUSTRALIAN CAPITAL TERRITORY. Respondent CORAM: GALLOP, TAMBERLIN & KIEFEL JJ PLACE: CANBERRA DATED: 11 AUGUST 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by the ACT Supreme Court be vacated and in lieu thereof, order: (a) The defendant is entitled to damages in consequence to the testator's breach of covenant in failing to devise the property at 26 Carstenz Street, Griffith in the Australian Capital Territory ("the property") to the defendant. (b) Caveat No 831353 on the title to the property be removed. (c) Defendant be at liberty to lodge a caveat over the property to claim an interest as equitable mortgagee under the unregistered mortgage bearing date 20 October 1986.