Re Estate Buxton; Knoll v Buxton [2023] NSWSC 819

Supreme Court New South Wales

Medium Neutral Citation: Re Estate Buxton; Knoll v Buxton [2023] NSWSC 819 Hearing dates: 1 - 5 May 2023 and written submissions Decision date: 17 July 2023 Jurisdiction: Equity - Family Provision List Before: Lindsay J Decision: (1) Competing claims to beneficial ownership of three properties, as between a de facto wife and the deceased estate of her de facto husband, subsumed in family provision orders to be made in favour of the wife under Chapter 3 of the Succession Act 2006 NSW. (2) An estoppel claim against the wife and the estate of the husband by a young couple for whom one of the properties was bought in the name of the wife for the benefit of the young couple upheld on terms. Catchwords: SUCCESSION – Family Provision – Claim by member of household for provision from deceased's estate – Where former de facto partner claims entitlement to family provision as a dependent member of deceased's household – Where no provision made for partner in deceased's will – Where competing claims made by partner and estate as to beneficial ownership of three properties – Whether partner not left with adequate provision for proper maintenance, education and advancement in life – Order for provision made, subject to adjustment orders. EQUITY – Estoppel – Proprietary estoppel – Detrimental reliance – Common intention trust – Where parties agreed on purchase of a property in the name of one for the benefit of others – Where others claim beneficial ownership of property on terms – Relief granted on terms. Legislation Cited: Family Law Act 1975 Cth Interpretation Act 1987 NSW Succession Act 2006 NSW Cases Cited: Andrew v Andrew (2012) 81 NSWLR 656 Bassett v Bassett [2021] NSWCA 320 Baumgartner v Baumgartner (1987) 164 CLR 137 Bosch v Perpetual Trustee Co Ltd [1938] AC 463 Clayton v Clayton [2023] NSWSC 399 Devereaux-Warnes v Hall (No 3) (2007) 35 WAR 127 Galati v Deans [2023] NSWCA 13 Giumelli v Giumelli (1999) 196 CLR 101 Goodman v Windeyer (1980) 144 CLR 490 In Re Allen [1922] NZLR 218 Luciano v Rosenblum (1985) 2 NSWLR 65 Mahoney v Lindsay (1980) 55 ALJR 118; 33 ALR 601 Muschinski v Dodds (1985) 160 CLR 583 Pontifical Society for the Propagation of the Faith v Scales (1962) 107 CLR Sgro v Thompson [2017] NSWCA 326 Sidhu v Van Dyke (2014) 251 CLR 505 Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272 Zhu v Treasurer of NSW (2004) 218 CLR 530 Category: Principal judgment Parties: Plaintiff: Christine Gay Knoll Defendant: Suzanne Lee Buxton Cross Claimant on First Cross Claim: Suzanne Lee Buxton First Cross Defendant on First Cross Claim: Christine Gay Knoll Second Cross Defendant on First Cross Claim: Corey Duncan Cross Claimant on Second Cross Claim: Corey Duncan First Cross Defendant on Second Cross Claim: Christine Gay Knoll Second Cross Defendant on Second Cross Claim: Suzanne Lee Buxton Representation: Counsel: