Coote v Price [2016] NSWSC 1658

Supreme Court New South Wales

Medium Neutral Citation: Coote v Price [2016] NSWSC 1658 Hearing dates: 28 October 2016; further submissions 8 November 2016 Decision date: 24 November 2016 Jurisdiction: Equity Before: Stevenson J Decision: First plaintiff entitled to damages against deceased's estate for breach of promise to maintain life policies – first plaintiff entitled to sue deceased's estate on behalf of daughters to enforce benefit of promise to leave daughters share of business – constructive trust to be imposed and account of profits ordered Catchwords: CONTRACT – agreement made in California by deceased to maintain life policies for benefit of former wife and to leave to two of his daughters half of his interest in a hotel business in New South Wales – agreement governed by law of California – where deceased allowed policies to lapse – whether former wife entitled to damages against deceased's estate – where deceased made will inconsistent with promise in Californian agreement and which only gave benefit to daughters of share in the business after death of deceased's de facto partner; PRIVATE INTERNATIONAL LAW – whether Court should presume law in California the same as in New South Wales; EQUITY – trusts – constructive trust – whether former wife held benefit of Californian agreement on trust for deceased's daughters – whether former wife able to enforce agreement that agreement against deceased's estate on behalf of the daughters; EQUITABLE REMEDIES – whether constructive trust should be imposed over deceased's share in the business in favour of daughters pending taking of an account Legislation Cited: Civil Procedure Act 2005 (NSW) Cases Cited: Aslan v Kope [1995] NSWCA 26 Baird v Smee [2000] NSWCA 253 Birmingham v Renfrew (1937) 57 CLR 666; HCA 52 at 683 Campbell v Campbell [2015] NSWSC 784 Dalton v Ellis; Estate of Bristow (2005) 65 NSWLR 134; NSWSC 1252 Delaforce v Simpson-Cook (2010) 78 NSWLR 483; NSWCA 84 Neilson v Overseas Projects Corporation of Victoria Ltd (2005) 223 CLR 331; HCA 54 Regie National des Usines Renault SA V Zhang (2002) 210 CLR 491; HCA 10 Tonkiss v Graham [2002] NSWSC 1093 Texts Cited: M Davies, A S Bell and P L G Brereton, Nygh's Conflict of Laws in Australia, (9th ed 2014, LexisNexis Butterworths) N Seddon, R Bigwood, M Ellinghaus, Cheshire & Fifoot: Law of Contract, (10th ed 2012, LexisNexis) Category: Procedural and other rulings Parties: Carol Coote (First Plaintiff) Diane Coote (Second Plaintiff) Suzanne Coote (Third Plaintiff) Amanda Elizabeth Price (First Defendant) Ella Kathleen Montgomery (Second Defendant) Representation: Counsel: F G Lever SC (Plaintiffs)