Stenlake v Whipps [2016] NSWSC 719

Supreme Court New South Wales

Medium Neutral Citation: Stenlake v Whipps [2016] NSWSC 719 Hearing dates: 9, 10, 11 March and 9 June 2015 Date of orders: 06 June 2016 Decision date: 06 June 2016 Jurisdiction: Equity Before: Slattery J Decision: Declaration as against both defendants that the Coraki property is charged in equity with the repayment to the plaintiff of a sum representing his expenditure in improving the main house on the Coraki property from 2007, the value of which is assessed in the sum of $100,000. Order that the Mercedes Benz motor vehicle given to the deceased be returned to the second defendant as executrix of the estate of the late Lola Denise Whipps. Orders made for the plaintiff to return certain estate jewellery and personal effects to the second defendant as executor of the estate. Directions made for the parties to lodge submissions in relation to supplementary issues of relief and costs. Proceedings relisted for argument as to costs at 9.30am on 12 August 2016. Catchwords: CONTRACT – oral agreement alleged between the plaintiff and his then domestic partner that the plaintiff would expend money to renovate the main house on a property at Coraki in northern NSW owned by the partner and her sister, and that the plaintiff and his partner would have the right to occupy the property during their joint lifetimes and that the plaintiff would then have the right to occupy the property after his partner's death - plaintiff expends money on the renovation of the main house from 2007 – after the death of the partner, her executrix and the sister/co-owner of the land refuse the plaintiff access to the Coraki property – whether the executrix has repudiated the agreement – whether and if so what damages the plaintiff has suffered as a result of such repudiation.