Bassett v Cameron [2021] NSWSC 207

Bassett v Cameron [2021] NSWSC 207

The proprietary estoppel claim failed because the Court was not satisfied, on the balance of probabilities, that a clear and binding testamentary promise was made to the plaintiff by the deceased, nor that there was the requisite certainty in the representations alleged. The cross-claims for maladministration of Jill Bassett's estate were dismissed as the cross-claimants did not establish, by the evidence and on the balance of probabilities, that property had not been properly collected, nor that Geoff Bassett was in receipt of trust property or its proceeds such that an order could lie against him. However, in the family provision claim, the Court found that the provision made for the...

Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Equity Proceedings (succession/estoppel) / Final Judgment After Full Trial
Outcome
Proprietary estoppel claim dismissed. First cross-claim and second cross-claim dismissed. Family provision claim allowed in part.
Legal Topics
['proprietary Estoppel' 'family Provision' 'testamentary Promises' "executors' Duties" 'breach of Trust' 'tracing Trust Assets']
['equity' 'succession Law' 'trusts and Estates'] ['proprietary Estoppel' 'family Provision' 'testamentary Promises' "executors' Duties" 'breach of Trust' 'tracing Trust Assets']

Case Brief

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Procedural Posture

Equity Proceedings (succession/estoppel) / Final Judgment After Full Trial

Legal Issues

  1. 1 ['Whether a proprietary estoppel arose entitling the plaintiff to a share of The Springs property;' "Whether the executors maladministered Jill Bassett's estate (cross-claim);" 'Whether the plaintiff ought to receive further family provision from the estate of William Bassett;' 'Whether certain partnership assets or property was subject to trust or executorial misapplication.']

Ratio Decidendi

The proprietary estoppel claim failed because the Court was not satisfied, on the balance of probabilities, that a clear and binding testamentary promise was made to the plaintiff by the deceased, nor that there was the requisite certainty in the representations alleged. The cross-claims for maladministration of Jill Bassett's estate were dismissed as the cross-claimants did not establish, by the evidence and on the balance of probabilities, that property had not been properly collected, nor that Geoff Bassett was in receipt of trust property or its proceeds such that an order could lie against him. However, in the family provision claim, the Court found that the provision made for the...

Court Disposition

Proprietary estoppel claim dismissed. First cross-claim and second cross-claim dismissed. Family provision claim allowed in part.

Orders

  • ['Dismiss the first cross-claim.' 'Dismiss the second cross-claim with no order for costs.' "Order further provision out of the estate of William Bassett in favour of the plaintiff, by awarding a one-half share of the deceased's 50% share of the land known as The Springs, the burden to be charged equally over the...