NSW Caselaw
New South Wales Supreme Court
CITATION : Frances Madge Johnson by her tutor Karen Elisabeth Smith v Andrew Robert Stuart Johnson [2009] NSWSC 503 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 18/05/09, 19/05/09, 20/05/09, 21/05/09, 22/05/09
JUDGMENT DATE : 9 June 2009
JUDGMENT OF : Forster J at 1
DECISION : see para 111
CATCHWORDS : Cheques signed by elderly dementing woman in favour of husband and son - non est factum - "catching bargains" - unconscionability - undue influence
CATEGORY : Principal judgment
Beverley v Watson [1995] ANZ ConvR 369 Blomley v Ryan (1956) 99 CLR 362 at 415 Bridgewater v Leahy (1998) 194 CLR 457 Brown v Brown (1993) 31 NSWLR 582 Commercial Bank of Australia v Amadio (1983) 151 CLR 447 CASES CITED : Da Yun Xu v Fang Lin [2005] NSWSC 569 Gallie v Lee [1971] AC 1004 Louth v Diprose (1992) 175 CLR 61 Nelson v Nelson (1995) 184 CLR 538 Petelin v Cullen (1975) 132 CLR 355 State of Queensland v JL Holdings Pty Limited (1997) 189 CLR 146
PARTIES : Frances Madge Johnson by her tutor Karen Elisabeth Smith Andrew Robert Stuart Johnson
FILE NUMBER(S) : SC 2008/2304
COUNSEL : Plaintiff: Mr L.J.Ellison SC Defendant: (in person)
SOLICITORS : Plaintiff:Alistair Woodward Little, TressCox Lawyers Defendant: n/a
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
FORSTER J
TUESDAY, 9 JUNE 2009
(2008/2304) FRANCES MADGE JOHNSON BY HER TUTOR KAREN ELISABETH SMITH v ANDREW ROBERT STUART JOHNSON JUDGMENT Nature of the proceedings 1 HIS HONOUR: By statement of claim filed on 11 April 2008 the plaintiff, by her tutor Karen Elisabeth Smith ("Ms Smith"), who is her daughter, seeks declarations and orders the effect of which is to require the defendant to transfer to the plaintiff so much of the proceeds of certain transactions as remain in his control. The plaintiff also seeks damages for losses incurred by her as a result of the transactions complained of.
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