Dynayski v Grant [2004] NSWSC 1187

New South Wales Supreme Court

CITATION : Dynayski v Grant [2004] NSWSC 1187 HEARING DATE(S) : 7 December 2004 JUDGMENT DATE : 16 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION :

CATCHWORDS : Power of attorney - duty of donee to act in accordance with the direction of the donor. The Margaret Mitchell (1858) Swab 382; 166 ER 1174 at 1199 CASES CITED : R v Holt (1983) 12 Aust Crim Rep 1 Vickery v JPP Custodians [2002] NSWSC 782. PARTIES : Dennis Dynayski v Matthew Grant and Helen Grant FILE NUMBER(S) : SC 4842 of 2003 COUNSEL : Mr M.W. Sneddon for plaintiff SOLICITORS : Packer & Austin for plaintiff 1st Defendant appears in person

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Master Macready

Thursday 16 December 2004

4842 of 2003 Dennis Dunayski v Matthew Grant and Helen Grant JUDGMENT 1 MASTER: This is a dispute between family members all of whom are related by blood or marriage. The dispute concerns events that took place prior to the death of the plaintiff and the second defendant's father. The two defendants are married and the first defendant prior to the date of death of the deceased was appointed the deceased's attorney. 2 The deceased had made a will in which he left his estate to the plaintiff and the second defendant in equal shares on the occurrence of certain events that have happened. Some time prior to his death it was agreed that his house would be sold and the proceeds, less whatever was necessary to maintain the deceased, would be divided between the plaintiff and the second defendant in accordance with their entitlements under the will. 3 The first defendant was appointed the deceased's attorney for this purpose and in due course the house was sold. The dispute concerns, inter alia, the application of the proceeds from that sale.