Janson v Janson [2007] NSWSC 1344

Janson v Janson [2007] NSWSC 1344

A presumption of undue influence arose in favour of the plaintiff because Eric Armstrong Janson had a dependence or trust on Richard John Janson, or Richard was in a position of influence over him as his carer, holder of his power of attorney, and recipient of his will. Eric was profoundly deaf, almost blind,...

Source-derived case information.

Parties
Plaintiff: Eric Armstrong Janson by his Tutor the Protective Commissioner of NSW; First Defendant: Richard John Janson; Second Defendant: Robert Sepping Janson; Third Defendant: Adrian John Janson
Jurisdiction
Australia
Judgment Date
23 November 2007
Procedural Posture
Equity / Judgment After Trial
Outcome
Plaintiff successful; transfer set aside for undue influence.
Legal Topics
Undue Influence, Voluntary Transfer, Powers of Attorney, Elder Law
Equity Undue Influence Voluntary Transfer Powers of Attorney Elder Law

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Parties

Eric Armstrong Janson by his Tutor the Protective Commissioner of NSW

Plaintiff

Richard John Janson

First Defendant

Robert Sepping Janson

Second Defendant

Adrian John Janson

Third Defendant

Procedural Posture

Equity / Judgment After Trial

Legal Issues

  1. 1 Whether a presumption of undue influence arose in favour of Eric Armstrong Janson against Richard John Janson in the transfer of property
  2. 2 Whether the presumption of undue influence was rebutted by Richard John Janson

Ratio Decidendi

A presumption of undue influence arose in favour of the plaintiff because Eric Armstrong Janson had a dependence or trust on Richard John Janson, or Richard was in a position of influence over him as his carer, holder of his power of attorney, and recipient of his will. Eric was profoundly deaf, almost blind, elderly, and without independent competent legal advice. The presumption was not rebutted because the transfer was improvident, Eric had no independent advice, and the process failed to ensure that the gift was the result of his free and informed will.

Court Disposition

Plaintiff successful; transfer set aside for undue influence.

Orders

  • Declaration that Transfer AA527722T by Eric Armstrong Janson to Richard John Janson of his interest in the relevant land was obtained by undue influence.
  • Order that the said transfer is set aside.