Antov v Bokan [2018] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Antov v Bokan [2018] NSWSC 1474 Hearing dates: 12 April 2018; 24 and 30 May 2018; 7 June 2018; 12-14 June 2018; 22 June 2018 Date of orders: 03 October 2018 Decision date: 03 October 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Plaintiff's further amended statement of claim be dismissed with costs. 2. Declare that the execution by the deceased of one or more copies of the document entitled Macedonian Power of Attorney (a notarised copy of which is Exhibit B in these proceedings) in favour of the plaintiff was procured by the undue influence and unconscionable conduct of the plaintiff and is of no effect. 3. Order the plaintiff to pay the cross-claimant's costs of the cross-claim and otherwise make no order in relation to the costs of the cross-claim. Catchwords: ESTOPPEL – Promissory estoppel – Plaintiff claimed to have relied upon expectation or assumption created by representations by the deceased that upon sale of her property at Granville the plaintiff would be entitled to use of the proceeds and that the deceased would leave her entire assets as a gift to the plaintiff – Representations allegedly contained in a Macedonian Power of Attorney and Contract for a Gift allegedly executed by the deceased in October 2009 – Whether the documents, if authentic, contained the pleaded representations – Whether the plaintiff relied on the representations as pleaded such that detriment would now be suffered if the expectation or assumption not fulfilled – Held plaintiff had not established that the representations as pleaded were made or that he had detrimentally relied on the representations as pleaded – Claim for relief on basis of promissory estoppel dismissed