Sion v NSW Trustee & Guardian [2013] NSWCA 337

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sion v NSW Trustee & Guardian [2013] NSWCA 337 Hearing dates: 15 August 2013 Decision date: 15 October 2013 Before: Basten JA [1]; Barrett JA [2]; Emmett JA [3] Decision: (1) Dismiss the appeal. (2) Order the appellants to pay the respondent's costs in this Court. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: CONTRACT - alleged statement by deceased married couple that they would leave their estates to appellants in exchange for care of them and their affairs - whether deceased wife had intention to be bound given alleged promisees were family members - certainty of contract

ESTOPPEL - whether alleged representation made - whether reliance - whether detriment Legislation Cited: Conveyancing Act 1919, ss 23C, 54A Limitation Act 1969, s 14 Cases Cited: Bovaird v Frost [2009] NSWSC 337 Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8; (2002) 209 CLR 95 Gould v Gould [1970] 1 QB 275 Category: Principal judgment Parties: Ezekiel Haiem Sion (First Appellant) Louisa Joseph (Second Appellant) Hilda Mordecai (Third Appellant) NSW Trustee & Guardian as administrator of the Will of Meda Chamita (Respondent) Representation: Counsel: