Crossingham v Crossingham [2012] NSWSC 95

Supreme Court New South Wales

Medium Neutral Citation: Crossingham v Crossingham [2012] NSWSC 95 Hearing dates: Tuesday, 31 January 2012;Wednesday, 1 February 2012 Decision date: 02 February 2012 Jurisdiction: Equity Division Before: White J Decision: Refer to end of judgment. Catchwords: EQUITY - application for the taking of accounts - fiduciary duty - duty to pay expenses and care for the deceased - authority from deceased to withdraw moneys from the account for maintenance and care - control of money in the account - admitted use for personal benefit - no intended obligation to account - no failure in duties to deceased - application for the taking of accounts dismissed EQUITY - application for the taking of accounts - authority to draw from the account for own purposes revoked on death of deceased - requirement to account for moneys to be restored to the estate - account for restoration to estate subject to any entitlement to credit Legislation Cited: Civil Procedure Act 2005 Cases Cited: Chan v Zacharia (1984) 154 CLR 178 Peninsular & Oriental Steam Navigation Co v Johnson (1938) 60 CLR 189 Regal (Hastings) Ltd v Gulliver (1967) 2 AC 134 Countess of Bective v Federal Commissioner of Taxation (1932) 47 CLR 417 Jodrell v Jodrell (1851) 14 Beav. 397; (1851) 51 ER 339 Brown v Smith (1878) 10 Ch D 377 Clay v Clay [2001] HCA 9; (2001) 202 CLR 410 Klotz v Neubauer [2001] SASC 454; (2001) 82 SASR 6 Morris v Morris [1982] 1 NSWLR 61 Plunkett v Ball [1915] HCA 14; (1915) 19 CLR 544 Maguire v Makaronis (1997) 188 CLR 449 Commonwealth Bank of Australia v Smith (1991) 102 ALR 453 Texts Cited: Seaton on Decrees, 3rd ed, Vol 2 Category: Principal judgment Parties: Cathrine Ann Crossingham (1st Plaintiff) Megan Elizabeth Crossingham (2nd Plaintiff) Kimberley Edward Crossingham (Defendant) Representation: A Combe (Plaintiffs) In person (Defendant) Makin Churchill Lawyers (Plaintiffs) File Number(s): 2011/166314