Gill v Garrett [2021] NSWCA 117

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Gill v Garrett [2021] NSWCA 117 Hearing dates: 29, 30 March 2021 Date of orders: 4 June 2021 Decision date: 04 June 2021 Before: Macfarlan JA at [1]; Leeming JA at [2]; Emmett AJA at [3] Decision: Order that the appeal be dismissed with costs. Catchwords: ESTOPPEL — estoppel by representation — detrimental reliance — whether terms of representation proved — whether claimant actually relied upon alleged representation SUCCESSION — family provision — claim by member of household for provision from the deceased's estate under Succession Act 2006 (NSW), Ch 3 — whether factors warranting —provision of household care to deceased — conscious misuse of special disadvantage of deceased — significance of reliance upon alleged agreement to leave real estate in will EQUITY — fiduciary duties — unauthorised profit — bank cards and personal identification number entrusted for certain purposes — retention of excess cash for fiduciary's personal use EQUITY — unconscionable conduct — special disability or disadvantage — whether unconscientious advantage taken Legislation Cited: Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 (NSW), s 100 Succession Act 2006 (NSW), ss 57, 59 Cases Cited: Churton v Christian (1988) 13 NSWLR 241 Re Fulop (1987) 8 NSWLR 679 Sassoon v Rose [2013] NSWCA 220 Texts Cited: Nil Category: Principal judgment Parties: Jason Adrian Francis Gill (Appellant) Alice Jemima Mary Garrett (First Respondent) Catherine Sarah Jane Garrett (Second Respondent) Thomas Peter John Garrett (Third Respondent) Representation: Counsel: D W Robertson (Appellant) M R Pesman SC with E Glover (Respondents)