Dunne v Radburn [2019] NSWSC 607

Supreme Court New South Wales

Medium Neutral Citation: Dunne v Radburn [2019] NSWSC 607 Hearing dates: 13, 14, 15 August 2018; 17 October 2018; further written submissions ending 30 November 2018 Date of orders: 24 May 2019 Decision date: 24 May 2019 Jurisdiction: Equity Before: Parker J Decision: The amounts shown in the inventory of property for the estate of Joan Evelyn Radburn, as annexed to the Court's grant of probate dated 12 August 2008, as loans to the defendant ($408,545.72) and the plaintiff ($71,183.09) are debts owing to the estate. The cross-claim is dismissed. Catchwords: SUCCESSION - executors and administrators – administration – proceedings brought by a joint executor against a second joint executor – whether amounts paid by deceased to one joint executor were repayable as loans to the estate – alleged binding and enforceable contract for the distribution of certain estate assets in fact constituted a claim seeking to oblige an executor to exercise their powers subject to contract.

CONTRACTS — Formation — Incompleteness – alleged oral agreement said to be later affirmed was not established by evidence before the Court – alleged agreement would require executor to administer estate according to terms of alleged contract – office of executor cannot be bound by contract in absence of all affected parties' agreement. Legislation Cited: Partnership Act 1892 (NSW), s 33(1). Cases Cited: None Texts Cited: None Category: Principal judgment Parties: Vanessa Rose Dunne (Plaintiff) Brett Morten Radburn (Defendant) Representation: Counsel: A Kuklik (Plaintiff) R Weaver (Defendant)