Hardman v NSW Trustee & Guardian [2010] NSWSC 500

Hardman v NSW Trustee & Guardian [2010] NSWSC 500

The Plaintiff was not entitled to the proceeds of sale of the Property because she did not establish detrimental reliance on the alleged representations. The 1972 Deed was effective against her and released claims in respect of or arising out of her father's estate, including a TFM Act claim. Even if the Deed were...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 May 2010
Procedural Posture
Succession Proceedings Concerning Alleged Constructive Trusts and Leave to Bring a Testator's Family Maintenance Act Claim / Principal Judgment
Outcome
Application dismissed. No order as to costs.
Legal Topics
['testamentary Agreements' 'constructive Trusts' 'promissory Estoppel' "testator's Family Maintenance Act Extension of Time" 'execution and Interpretation of Deeds' 'bona Vacantia']
['succession' 'equity' 'family Provision' 'deeds'] ['testamentary Agreements' 'constructive Trusts' 'promissory Estoppel' "testator's Family Maintenance Act Extension of Time" 'execution and Interpretation of Deeds' 'bona Vacantia']

Source-derived case record

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Procedural Posture

Succession Proceedings Concerning Alleged Constructive Trusts and Leave to Bring a Testator's Family Maintenance Act Claim / Principal Judgment

Legal Issues

  1. 1 ["Whether the Plaintiff's father held the Property on a constructive trust for the Plaintiff because of a representation that his wife would leave it to her." "Whether the Plaintiff's stepmother held the Property on a constructive trust for the Plaintiff because of a representation that she would leave it to her." "Whether the Plaintiff relied to her detriment on representations by not pursuing a claim under the Testator's Family Maintenance & Guardianship of Infants Act 1912." "Whether the 1972 Deed released the Plaintiff's claims in respect of or arising out of her father's estate." "Whether the Plaintiff should be granted an extension of time to bring a claim under the Testator's Family Maintenance & Guardianship of Infants Act 1912."]

Ratio Decidendi

The Plaintiff was not entitled to the proceeds of sale of the Property because she did not establish detrimental reliance on the alleged representations. The 1972 Deed was effective against her and released claims in respect of or arising out of her father's estate, including a TFM Act claim. Even if the Deed were ineffective, a TFM Act claim had no reasonable prospects, so any lost opportunity had no value. An extension of time also failed because the estate had already been finally distributed, contrary to s 5(2A)(a).

Court Disposition

Application dismissed. No order as to costs.

Orders

  • ['Application dismissed.' 'No order as to costs.' 'The parties have leave to apply to vary the costs order by notifying the Associate within 7 days of the judgment date.']