Grant v Grant [2020] NSWSC 760

Grant v Grant [2020] NSWSC 760

The transfers of $250,000 on 10 June 2014, $100,000 on 13 November 2014 and $100,000 on 28 November 2014, totalling $450,000, were to be treated as loans or, alternatively, set aside as having been obtained by unconscionable conduct, because Mary was elderly, frail, dependent on Kathryn, lacked independent advice, had no security or adequate information about the property construction, and believed further payment was necessary to secure accommodation and avoid a nursing home. Kathryn Grant and David Lane failed to show the transactions were fair and reasonable. Judgment was therefore to be entered for the Estate for the claimed amount of $361,020 plus interest, and solid and substantial...

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Family Provision Claim and Estate Cross Claim for Recovery of Unpaid Loans or Unconscionable Transfers / Principal Judgment After Hearing; Plaintiff Abandoned Family Provision Claim During the Hearing; Judgment Given on Cross Claim With Further Directions for Form of Orders
Outcome
Kathryn Grant abandoned her family provision claim; the Estate succeeded on the cross claim for $361,020 plus interest and was entitled to an equitable lien over the Paterson Property, with further submissions and directions for the form of orders, ancillary orders and costs.
Legal Topics
['family Provision' 'adult Child Claim' 'unconscionable Conduct' 'undue Influence' 'special Disability or Disadvantage' 'recovery of Loans by Deceased Estate' 'equitable Lien' 'equitable Charge Over Land']
['succession' 'equity'] ['family Provision' 'adult Child Claim' 'unconscionable Conduct' 'undue Influence' 'special Disability or Disadvantage' 'recovery of Loans by Deceased Estate' 'equitable Lien' 'equitable Charge Over Land']

Case Brief

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Procedural Posture

Family Provision Claim and Estate Cross Claim for Recovery of Unpaid Loans or Unconscionable Transfers / Principal Judgment After Hearing; Plaintiff Abandoned Family Provision Claim During the Hearing; Judgment Given on Cross Claim With Further Directions for Form of Orders

Legal Issues

  1. 1 ['Whether the amounts transferred by Mary Alice Grant to Kathryn Grant and David Lane between 2012 and 2015 were loans or gifts.' 'Of any amounts loaned, what amounts had been repaid.' 'If any transfers were gifts, whether they resulted from undue influence by Kathryn Grant and David Lane over Mary Alice Grant or unconscionable conduct towards her.' 'Whether an equitable lien should be imposed over the Paterson Property in favour of the Estate.']

Ratio Decidendi

The transfers of $250,000 on 10 June 2014, $100,000 on 13 November 2014 and $100,000 on 28 November 2014, totalling $450,000, were to be treated as loans or, alternatively, set aside as having been obtained by unconscionable conduct, because Mary was elderly, frail, dependent on Kathryn, lacked independent advice, had no security or adequate information about the property construction, and believed further payment was necessary to secure accommodation and avoid a nursing home. Kathryn Grant and David Lane failed to show the transactions were fair and reasonable. Judgment was therefore to be entered for the Estate for the claimed amount of $361,020 plus interest, and solid and substantial...

Court Disposition

Kathryn Grant abandoned her family provision claim; the Estate succeeded on the cross claim for $361,020 plus interest and was entitled to an equitable lien over the Paterson Property, with further submissions and directions for the form of orders, ancillary orders and costs.

Orders

  • ['Judgment for the Estate in the amount of $361,020 plus interest from the date of demand at the prescribed rate pursuant to s 100 of the Civil Procedure Act 2005 (NSW), with the amount of interest to be calculated.' 'An equitable lien is to be imposed on the Paterson Property in the amount in which judgment,...