Catherine Margaret Thorn, as Executrix of the Estate of the Late Betty McAuley v Ian Geoffrey Boyd [2014] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: Catherine Margaret Thorn, as Executrix of the Estate of the Late Betty McAuley v Ian Geoffrey Boyd [2014] NSWSC 1159 Hearing dates: 22, 23 and 24 April 2014, 20 May 2014 and 11 June 2014 Decision date: 25 August 2014 Jurisdiction: Common Law Before: Robb J Decision: Direct the plaintiff in the first instance to prepare short minutes to reflect the conclusions reached in these reasons for judgment, so that final orders can be made in accordance with directions to be made Catchwords: EQUITY - validity of transfer of money effected under a power of attorney that excluded authority to make gifts to the attorney - undue influence - whether relationship of influence existed - whether de facto relationship of influence - unconscionable conduct - significant cognitive impairment - no independent legal advice - issue estoppel - whether bound by decision of tribunal Legislation Cited: Evidence Act 1995 (NSW) s 69 Guardianship Act 1987 (NSW) ss 25G, 25H NSW Trustee and Guardian Act 2009 (NSW) Powers of Attorney Act 2003 (NSW) ss 12, 19 Cases Cited: Aboody v Ryan [2012] NSWCA 395; 17 BPR 32,359 Cachia v Isaacs (1985) 3 NSWLR 366 EMG v Guardianship and Administration Board of Victoria [1999] NSWSC 501 Grundel v Registrar-General (1990) 5 BPR 11, 217 Johnson v Buttress [1936] HCA 41; 56 CLR 113 Lambidis v Commissioner of Police (1995) 37 NSWLR 320 Louth v Diprose [1992] HCA 61; 175 CLR 621 McCulloch v Fern [2001] NSWSC 406 Quek v Beggs (1990) 5 BPR 11,761 Smith v Smith [2004] NSWSC 663; (2004) 12 BPR 23,051 Category: Principal judgment Parties: Catherine Margaret Thorn as executrix of the estate of the late Betty McAuley (plaintiff) Ian Geoffrey Boyd (defendant) Representation: Counsel: Catherine Gleeson (plaintiff) Ian Boyd (self)