NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Walton v Walton [2015] NSWSC 218 Hearing dates: 2-4 March 2015 Decision date: 16 March 2015 Jurisdiction: Equity Division Before: Stevenson J Decision: Further Amended Statement of Claim dismissed Catchwords: EQUITY – undue influence – whether deed discharging debts owed by son to elderly (now deceased) mother procured by undue influence of son and daughter in law – whether actual undue influence based on alleged misrepresentations – whether presumed undue influence based on a special relationship of influence, dominion or ascendency Cases Cited: Brown v The NSW Trustee & Guardian [2011] NSWSC 1203 Johnson v Buttress (1936) 56 CLR 113 Quek v Beggs (1990) 5 BPR 11,761 Tulloch (deceased) v Braybon (No 2) [2010] NSWSC 650 Watkins v Combes (1922) 30 CLR 180 Whereat v Duff [1972] 2 NSWLR 147 Winefield v Clarke [2008] NSWSC 882 Zamet v Hyman [1961] 1 WLR 1442; 3 All ER 933 (CA) Texts Cited: P W Young, C Croft and M L Smith, On Equity, (2009, Lawbook Co.) Category: Principal judgment Parties: Lynda Joyce Walton (Plaintiff) Peter George Walton (First Defendant) Helen Walton (Second Defendant) Representation: Counsel: J Anderson (Plaintiff) S K Hill (Defendants)
Solicitors: Neagle Lawyers (Plaintiff) Emil Ford Lawyers (Defendants) File Number(s): SC 2012/382828
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