Grant v Grant [2021] NSWCA 181

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Grant v Grant [2021] NSWCA 181 Hearing dates: 12 March 2021 Date of orders: 18 August 2021 Decision date: 18 August 2021 Before: Basten JA at [1]; Leeming JA at [2]; White JA at [3] Decision: 1 Appeal dismissed. 2 The first and second appellants pay the respondents' costs of the appeal from the declarations and orders made in proceedings 2017/316190 (the estate recovery proceedings). 3 The first appellant pay the respondents' costs of the appeal from the orders made in proceedings 2018/139174 (the family provision proceedings). 4 Discharge the stay granted on 14 December 2020 of the orders made in the Equity Division on 24 September 2020. 5 Direct that any application by the respondents for any consequential orders be made to the primary judge, or such other judge as the Chief Judge in Equity may direct. Catchwords: SUCCESSION — Claim by estate to recover property — Where property of deceased transferred by deceased's daughter by way of gift in favour of deceased's granddaughter in exercise of power of attorney — Where no power of gift conferred on attorney — Where daughter purportedly acted pursuant to direction in letter — Whether deceased's signature was forged SUCCESSION — Family provision — Claim by adult child — Where evidence of ill treatment of testatrix by claimant — Where evidence that claimant received substantial benefits from testatrix before death Legislation Cited: Powers of Attorney Act 2003 (NSW), Pt 2, s 11 Succession Act 2006 (NSW), s 100(2) Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A) Cases Cited: Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Category: Principal judgment Parties: Nerez Gwynneth Grant (First appellant) Kashaya Williams (Second appellant) Seth Grant (First respondent) Tansin Leckie (Second respondent) Representation: Counsel: Mr L Ellison with Mr N Avery-Williams (Respondents)