NSW Caselaw
New South Wales Supreme Court
CITATION : Badman v Drake [2008] NSWSC 1366
HEARING DATE(S) : 3-6 November 2008
JUDGMENT DATE : 19 December 2008
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Order that the first and second defendants pay to the plaintiff by way of equitable compensation the sum of $378,623.19 plus interest charged on the relevant property.
CATCHWORDS : EQUITY [49]- First and second defendants act as joint executors, guardians and attorneys for elderly plaintiff- First and second defendants in financial difficulties with reverse mortgage on their property- Plaintiff allegedly made a monetary gift to the first and second defendants so that they can purchase back their property in their names in return for them caring for the plaintiff- Plaintiff never received independent legal advice- Held on facts that the transaction must be set aside for equitable fraud and undue influence.
CASES CITED : Laskar v Laskar [2008] 1 WLR 2695
Dorothy Badman (P) Lawrence Drake (D1) PARTIES : Judith Drake (D2) Wight & Strickland Pty Ltd (D3) Peter Zacharatos (D4)
FILE NUMBER(S) : SC 3733/08
J C Kelly SC and S J Duggan (P) COUNSEL : D L Williams SC and S W Balafoutis (D1 & 2) H K Insall SC (D3 & 4)
Gibsons Lawyers (P) SOLICITORS : Wight & Strickland (D1 & 2) Hugh & Associates Lawyers (D3 & 4)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
YOUNG CJ in EQ
Friday 19 December 2008
3733/08 – BADMAN v DRAKE JUDGMENT 1 HIS HONOUR: This is an elder law case in which an 87 year old lady seeks to recover property which she once owned but which is now owned by the first and second defendants. 2 By order of 18 September 2008, a preliminary question was posed for decision, viz:
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