Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell [2011] NSWSC 1174

Supreme Court New South Wales

Medium Neutral Citation: Kenneth Walter Waddell v Allan William Waddell as executor of the Estate of the late Ronald John Waddell [2011] NSWSC 1174 Hearing dates: 4, 5, 6 April 2011 Decision date: 04 October 2011 Jurisdiction: Equity Division Before: Slattery J Decision: Defendant required to transfer the subject 10 acre block to the plaintiff - but plaintiff required to account for benefits he received from the deceased prior to his death after promises made to convey the 10 acre block to him - inquiry ordered as to the amount of benefit the plaintiff received. Catchwords: EQUITY - equitable remedies - plaintiff claims his late father made promises to devise to the plaintiff a 10 acre block of orchard land held in the father's name - the defendant executor disputed that the deceased made to his son the promises alleged - whether the promises were made - whether the plaintiff relied on the promises - whether the plaintiff suffered any detriment in reliance on the promises - what is the appropriate remedy if the promises were made - HELD - promises made and relied on and plaintiff suffered detriment remediable by conveyance of the 10 acre block to the plaintiff subject to financial adjustments - LIMITATION OF ACTIONS - whether plaintiff out of time to bring proceedings for to enforce the promises alleged to have been made - HELD - plaintiff's action not out of time. Cases Cited: Austotel Pty Ltd v Franklins Self Serve- Pty Limited (1989) 16 NSWLR 582 Dillwyn v Llewelyn (1862) 4 DeGF & J 517; 45 ER 1285 ER Ives Investment Limited v High [1967] 2 QB 379 Ramsden v Dyson & Thornton (1866) LR1HL 129 Walton's Stores (Interstate) Limited v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Plaintiff- Kenneth Walter Waddell Defendant- Allan William Waddell Representation: Plaintiff- L. Ellison SC; H. Bennett Defendant- A. Hill Plaintiff- J.J.Francis Defendant- M. Boemi File Number(s): 2010/00158898 Publication restriction: No