Roger Bailey as administrator of the estate of the late Wildon George Bailey v Elaine Tredrea; Elaine Tredrea v Roger Frederick Bailey [2005] NSWSC 108

Roger Bailey as administrator of the estate of the late Wildon George Bailey v Elaine Tredrea; Elaine Tredrea v Roger Frederick Bailey [2005] NSWSC 108

The Court found that the deceased and Elaine Tredrea lived in a de facto relationship as husband and wife continuously at least from about 1981 until his death. The medical and factual evidence did not establish that, at the time of any challenged lifetime payment, the deceased lacked capacity, was under a special disadvantage, or was in a carer/patient relationship giving rise to a presumption of undue influence. Each lifetime payment was consistent with the parties' de facto relationship and was not recoverable. Post-death withdrawals totalling $23,839.15 were unauthorised assets of the estate, but Elaine Tredrea's liability was extinguished by set-off against $29,792.75 she had paid...

Jurisdiction
Australia
Judgment Date
25 February 2005
Procedural Posture
Equity Proceedings Concerning Estate Recovery Claims and a Claim Under a Deed of Settlement / Final Judgment After Hearing
Outcome
In No. 3359/00 the Plaintiff's claims were dismissed and judgment was for the Defendant. In No. 3851/02 Elaine Tredrea was entitled to judgment against Roger Frederick Bailey for $300,000.00 and interest.
Legal Topics
['undue Influence' 'unconscionable Conduct' 'special Disadvantage' 'carer and Patient Relationship' 'estate Administration' 'unauthorised Post Death Withdrawals' 'deed of Settlement' 'set Off']
['equity' 'succession' 'de Facto Relationships' 'contracts'] ['undue Influence' 'unconscionable Conduct' 'special Disadvantage' 'carer and Patient Relationship' 'estate Administration' 'unauthorised Post Death Withdrawals' 'deed of Settlement' 'set Off']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Estate Recovery Claims and a Claim Under a Deed of Settlement / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the deceased and Elaine Tredrea lived in a de facto relationship as husband and wife or whether their relationship was relevantly one of carer and patient.' 'Whether payments made by the deceased to Elaine Tredrea were procured by undue influence or unconscionable conduct.' 'Whether the deceased was under a special disadvantage or lacked capacity when making the challenged payments.' "Whether monies withdrawn by Elaine Tredrea from the deceased's bank accounts after his death without authority formed part of the estate and were recoverable." 'Whether any liability of Elaine Tredrea for unauthorised post-death withdrawals was extinguished by set-off against taxation liabilities of the estate she had paid.' 'Whether Elaine Tredrea was entitled to payment of $300,000.00 under the deed of settlement dated 22 September 1999.']

Ratio Decidendi

The Court found that the deceased and Elaine Tredrea lived in a de facto relationship as husband and wife continuously at least from about 1981 until his death. The medical and factual evidence did not establish that, at the time of any challenged lifetime payment, the deceased lacked capacity, was under a special disadvantage, or was in a carer/patient relationship giving rise to a presumption of undue influence. Each lifetime payment was consistent with the parties' de facto relationship and was not recoverable. Post-death withdrawals totalling $23,839.15 were unauthorised assets of the estate, but Elaine Tredrea's liability was extinguished by set-off against $29,792.75 she had paid...

Court Disposition

In No. 3359/00 the Plaintiff's claims were dismissed and judgment was for the Defendant. In No. 3851/02 Elaine Tredrea was entitled to judgment against Roger Frederick Bailey for $300,000.00 and interest.

Orders

  • ['In No. 3359/00 the claims be dismissed and there be judgment for the Defendant.' 'In No. 3851/02 the Defendant is entitled to recover from the Plaintiff the sum of $300,000.00 and to a verdict and judgment in that amount, and interest.' 'The Defendant is directed to bring in short minutes.' 'The parties are...