Irene Paltos v Shirley Bassil [2013] NSWSC 1408

Supreme Court New South Wales

Medium Neutral Citation: Irene Paltos v Shirley Bassil [2013] NSWSC 1408 Hearing dates: 13 September 2013 Decision date: 25 September 2013 Jurisdiction: Equity Division Before: Slattery J Decision: Leave granted to the plaintiff to amend her statement of claim in part but excluding any claims for Succession Act s 27 relief. Defendant's strike out application dismissed. Catchwords: PROCEDURE - plaintiff seeks to amend her statement of claim by adding claims based on Succession Act 2006 s 27 and promissory estoppel - defendant seeks to strike out the whole claim. SUCCESSION - plaintiff is the niece of the deceased - deceased made representations that he would buy a property for the plaintiff - no property purchased when deceased alive and plaintiff not provided for in the will - whether Succession Act 2006 s 27 will rectification claim manifestly groundless where no instructions preceding the will to which the will does not give effect pleaded - whether any deceased's instructions subsequent to the will may allow rectification under Succession Act 2006 s 27. EQUITY - whether promissory estoppel claim manifestly groundless where the only detriment pleaded by the plaintiff is effort to find an appropriate property for purchase and incurring a $1,200 rent increase. Legislation Cited: Succession Act 2006 s 27 Cases Cited: Austotel Pty Ltd v Franklins Self-Serve Pty Ltd (1989) 16 NSWLR 582 Dawson v Brazier [2012] NSWSC 117 General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125 Giumelli v Giumelli (1999) 196 CLR 101 Rawack v Spicer [2002] NSWSC 849 Sullivan v Sullivan [2006] NSWCA 312 Van Dyke v Sidhu [2013] NSWCA 198 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Webster v Lampard (1993) 177 CLR 598 Category: Interlocutory applications Parties: Plaintiff: Irene Paltos Defendant: Shirley Bassil Representation: Counsel: Plaintiff: S Philips Defendant: M Pesman Solicitors: File Number(s): 2012/338045 Publication restriction: No