Sasso v Sisinni [2009] NSWSC 35

New South Wales Supreme Court

CITATION : Sasso v Sisinni [2009] NSWSC 35

HEARING DATE(S) : 10, 11 December 2008

JUDGMENT DATE : 10 February 2009

JURISDICTION : Equity Division

JUDGMENT OF : Young CJ in Eq

DECISION : No constructive trust in favour of plaintiff over the deceased's property; the claims in contract and equitable estoppel fail. Order under Family Provision Act that plaintiff be provided for out of the deceased's estate.

CATCHWORDS : CONTRACT [17]- Plaintiff claimed that an agreement to make a will resulted in the deceased's property being held on constructive trust for the plaintiff- Presumption against intention to create legal relations in domestic arrangements not rebutted. ESTOPPEL [32]- Plaintiff claimed that the deceased induced the plaintiff to adopt the assumption that she would get half the deceased's property and that she suffered the detriment of selling her property- Claim fails on the facts. SUCCESSION [307]- Family Provision- Widow's application- Elderly applicant- Second marriage- Provision made for accommodation of plaintiff.

LEGISLATION CITED : Family Provision Act 1982

Baird v Smee [2000] NSWCA 253 Balfour v Balfour [1919] 2 KB 571 Bigg v Queensland Trustees Ltd [1900] 2 Qd R 11 Birmingham v Renfrew (1937) 57 CLR 666 Cohen v Cohen (1929) 42 CLR 91 CASES CITED : Gray v Perpetual Trustee Co Ltd [1928] AC 391 Lieschke v Lieschke [2003] NSWSC 743 Re Dale [1994] Ch 31 Re Hodgson (1885) 31 Ch D 177 Singer v Berghouse (No 2) (1994) 181 CLR 201 Sullivan v Sullivan [2006] NSWCA 312 Yeoman's Row Management Ltd v Cobbe [2008] 1 WLR 1752 (HL)