Lindsay v Arnison [2017] NSWSC 41

Supreme Court New South Wales

Medium Neutral Citation: Lindsay v Arnison [2017] NSWSC 41 Hearing dates: 27 October 2016 and 15 November 2016 Decision date: 10 February 2017 Jurisdiction: Equity Before: Robb J Decision: Defendants required to provide a proper accounting of their dealings with the deceased's bank and building society accounts.

Parties to consider these reasons with appropriate orders to be determined at a directions hearing. Catchwords: EQUITY – General principles – Fiduciary relationships – Whether defendants were fiduciaries of the deceased – Where first defendant was the daughter of the deceased – Where second defendant was the son in law of the deceased – Where both defendants were duly appointed attorneys and agents of the deceased – Where deceased was elderly and in a nursing home – Where first defendant had access to deceased's bank and building society accounts

EQUITY – Equitable remedies – Accounts and inquiries – Orders sought by beneficiary under deceased estate – Orders sought that defendants account for dealings with accounts of the deceased

SUCCESSION – Administration of estate – Other matters – Where defendants were executors of deceased's will but had not sought a grant of probate – Whether defendants guilty of wilful default or as executors de son tort Legislation Cited: Powers of Attorney Act 2003 (NSW) Cases Cited: Meehan v Glazier Holdings Pty Ltd (2002) 54 NSWLR 146; [2002] NSWCA 22 Category: Principal judgment Parties: Christine Lindsay (plaintiff) Deborah Gail Arnison (first defendant) Murray Arnison (second defendant) Representation: Counsel: M Tibbey (plaintiff) M Pringle (defendants)