Recent Cases

Gill v Garrett [2021] NSWCA 117 (04 June 2021) (Macfarlan JA at [1]; Leeming JA at [2]; Emmett AJA at [3])


ESTOPPEL — estoppel by representation — detrimental reliance — whether terms of representation proved — whether claimant actually relied upon alleged representation

SUCCESSION — family provision — claim by member of household for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3 — whether factors warranting —provision of household care to deceased — conscious misuse of special disadvantage of deceased — significance of reliance upon alleged agreement to leave real estate in will

EQUITY — fiduciary duties — unauthorised profit — bank cards and personal identification number entrusted for certain purposes — retention of excess cash for fiduciary’s personal use

EQUITY — unconscionable conduct — special disability or disadvantage — whether unconscientious advantage taken