Varma v Varma [2010] NSWSC 786

New South Wales Supreme Court

CITATION : Varma v Varma [2010] NSWSC 786 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 15-19, 22-26, 29-31 March, 1, 6, 9, 12-14 April 2010

JUDGMENT DATE : 16 July 2010

JURISDICTION : Equity

JUDGMENT OF : Ward J

DECISION : Plaintiff's claim dismissed

CATCHWORDS : EQUITY - CONTRACT - PROMISSORY ESTOPPEL - alleged promises and representations made by father-in-law to plaintiff in relation to transfer of all of shares in company owned by father-in-law to plaintiff - before death of father-in-law two-thirds of shares were transferred to defendants - plaintiff claims that defendants held shares on constructive trust for plaintiff - principles requiring caution when relying on uncorroborated representations made by deceased person - HELD - plaintiff has failed to establish that a promise or representation was made that whole of company would be hers - no enforceable contract between father-in-law and plaintiff - defendants did not induce breach of contract - no express trust created in plaintiff's favour - no promissory estoppel - CONSTRUCTIVE TRUSTS - consideration of nature of constructive trust and when it can be said to arise - UNDUE INFLUENCE - circumstances of relationship between father-in-law and defendants would have raised presumption of undue influence which was not rebutted on facts of case - relief not granted on basis of undue influence as no claim based on this ground was relied upon by plaintiff - undue influence was only relied upon to resist defence to claim for specific performance

Evidence Act 1995 (NSW) LEGISLATION CITED : Limitations Act NSW 1969 (NSW) Uniform Civil Procedure Rules 2005 (NSW)