Tulloch (deceased) v Braybon & ors (No 2) [2010] NSWSC 650

Tulloch (deceased) v Braybon & ors (No 2) [2010] NSWSC 650

There was a perfected gift by Mr Tulloch to Mr Braybon of a half-interest in the horse; no special relationship of influence existed between them to give rise to a presumption of undue influence. Even if it had arisen, it would have been rebutted as Mr Tulloch understood the transaction and acted independently.

Parties
Plaintiff: John Archibald Tulloch (since deceased); Plaintiff: Jeanette Louise Black (representing the estate of John Archibald Tulloch); First Defendant: Raymond Patrick Braybon; Second Defendant: Racing Information Services Australia Pty Ltd; Third Defendant: Racing Victoria Limited
Jurisdiction
Australia
Judgment Date
17 June 2010
Procedural Posture
Equity Proceeding / Principal Judgment
Outcome
Proceedings dismissed with costs. Declaration made as to beneficial ownership.
Legal Topics
Undue Influence, Duress, Assignments in Equity, Gifts, Beneficial Ownership
Equity Undue Influence Duress Assignments in Equity Gifts Beneficial Ownership

Case Brief

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Parties

John Archibald Tulloch (since deceased)

Plaintiff

Jeanette Louise Black (representing the estate of John Archibald Tulloch)

Plaintiff

Raymond Patrick Braybon

First Defendant

Racing Information Services Australia Pty Ltd

Second Defendant

Racing Victoria Limited

Third Defendant

Procedural Posture

Equity Proceeding / Principal Judgment

Legal Issues

  1. 1 Whether there was a perfected gift to Mr Braybon of a half-interest in the horse
  2. 2 Whether the relationship between Mr Tulloch and Mr Braybon was such that a presumption of undue influence arose
  3. 3 If so, whether the transaction was explained by ordinary motives or if the presumption was rebutted

Ratio Decidendi

There was a perfected gift by Mr Tulloch to Mr Braybon of a half-interest in the horse; no special relationship of influence existed between them to give rise to a presumption of undue influence. Even if it had arisen, it would have been rebutted as Mr Tulloch understood the transaction and acted independently.

Court Disposition

Proceedings dismissed with costs. Declaration made as to beneficial ownership.

Orders

  • Declare that the estate of John Archibald Tulloch (deceased) and the defendant Raymond Patrick Braybon are the beneficial owners of the horse Excelltastic as tenants in common in equal shares.
  • Order that the proceedings be otherwise dismissed with costs.