Raoul (by his tutor Karamihas) v Hanna [2017] NSWSC 728

Supreme Court New South Wales

Medium Neutral Citation: Raoul (by his tutor Karamihas) v Hanna [2017] NSWSC 728 Hearing dates: 15-19 and 23-24 May 2017 Decision date: 28 June 2017 Before: Lindsay J Decision: (1) The plaintiff is beneficially entitled to property transferred out of his ownership, subject to compensation due to the defendant for discharge of a mortgage on the property.

(2) Further consideration to be given to an exercise of protective jurisdiction affecting the plaintiff, and to costs. Catchwords: CONTRACT – Capacity – Mental health – Assessment of capacity time and task specific – Lack of capacity

EQUITY – Unconscionable contract – Special disadvantage – Mental health, age and frailty – Improvident transaction – Nature and quality of independent advice

CONTRACT – Contracts Review Act 1980 NSW – Unjust Contract – Procedural and Substantive injustice – Improvident transaction – Nature and quality of independent advice Legislation Cited: Contracts Review Act 1980 NSW Guardianship Act 1987 NSW Real Property Act 1900 NSW, Uniform Civil Procedure Rules 2005 NSW Trustee and Guardian Act, 2009 NSW Cases Cited: Aboody v Ryan [2012] NSWCA 395; 17 BPR [98610] Blomley v Ryan (1956) 99 CLR 362 CJ v AKJ [2015] NSWSC 498 Commercial Bank of Australia Limited v Amadio (1983) 151 CLR 447 Gibbons v Wright (1954) 91 CLR 423 Hillpalm Pty Limited v Heaven's Door Pty Limited (2004) 220 CLR 472 Louth v Diprose (1992) 175 CLR 621 Re W and L (Parameters of protected estate management orders) [2014] NSWSC 1106 Ryan v Aboody [2012] NSWSC 136 Category: Principal judgment Parties: Plaintiff: Gratien Raoul by his tutor Emmanuel Karamihas Defendant: George Hanna Representation: Counsel: Plaintiff: ID Faulkner SC and DD Knoll Defendant: V Culkoff