Hayward (as Executor of Felton Estate) v Speedy and Felton [2021] NSWSC 943

Supreme Court New South Wales

Medium Neutral Citation: Hayward (as Executor of Felton Estate) v Speedy and Felton [2021] NSWSC 943 Hearing dates: 6, 7, 8 and 9 April 2021 Decision date: 30 July 2021 Jurisdiction: Equity Before: Lindsay J Decision: The donee of gifts from her elderly parents (now deceased) is required to account for them to the deceased estate of her father (the survivor of her parents, the beneficiary of his wife's estate), on the ground that she procured the gifts by an exercise of undue influence. Catchwords: EQUITY — Undue influence — Relationships giving rise to presumption of undue influence — Rebutting presumption of undue influence — Presumption not rebutted Legislation Cited: Evidence Act 1995 NSW Guardianship Act 1987 NSW Powers of Attorney Act 2003 NSW Cases Cited: Bridgewater v Leahy (1998) 194 CLR 457 Chan v Zacharia (1984) 154 CLR 178 Chahwan v Euphoric Pty Ltd [2009] NSWSC 805; 73 ACSR 252 Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Hewitt v Gardner [2009] NSWSC 1107 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 Jones v Dunkel (1959) 101 CLR 298 Johnson v Buttress (1936) 56 CLR 113 Lamru Pty Ltd v Kation Pty Ltd (1998) 44 NSWLR 432 Maguire v Makaronis (1997) 188 CLR 449 Quek v Beggs (1990) 5 BPR 11,761 Ramage v Waclaw (1988) 12 NSWLR 84 Spellson v George (1992) 26 NSWLR 666 Category: Principal judgment Parties: Plaintiff: Bernard Edward Hayward as Executor of the Estate of Clifton Albert Felton First Defendant: Lesley Ann Speedy Second Defendant: Graeme John Felton Cross claimant: Graeme John Felton First cross defendant: Bernard Edward Hayward as Executor of the Estate of Clifton Albert Felton Second cross defendant: Lesley Ann Speedy Representation: Counsel: Plaintiff/First cross defendant: PP O'Loughlin First Defendant/Second cross defendant: J McIntosh Second Defendant/Cross claimant: RD Wilson SC