Gibson v Murray [2018] NSWSC 1067

Gibson v Murray [2018] NSWSC 1067

The evidence does not establish that the Deed of family arrangement granted only a life estate; on the balance of probabilities, the Deed provided for an absolute gift of the Balmain property to Jean Gibson. The Murray Grandchildren's claim to a remainder interest fails on the facts; the alternative claim is statute-barred. Accordingly, the monies held from the property sale are to be dealt with as assets of Jean Gibson's estate, the cross-claim is dismissed, and the First and Second Defendants are to pay the costs of other parties.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Equity Real Property List / Principal Judgment
Outcome
Plaintiffs successful in resisting cross-claim. Cross-claim dismissed. Orders made regarding estate assets, costs, and liberty to apply.
Legal Topics
['life Estate and Interest in Remainder' 'absolute Gift' 'deed of Family Arrangement' 'limitation of Actions in Land' 'limitation Act 1969 (nsw)' 'trusts and Executors' 'administration on Intestacy']
['equity' 'real Property' 'succession'] ['life Estate and Interest in Remainder' 'absolute Gift' 'deed of Family Arrangement' 'limitation of Actions in Land' 'limitation Act 1969 (nsw)' 'trusts and Executors' 'administration on Intestacy']

Case Brief

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Procedural Posture

Equity Real Property List / Principal Judgment

Legal Issues

  1. 1 ['Whether Deed of family arrangement provided a life estate or an absolute gift of the Balmain property to Jean Gibson' 'Whether the claim by the Murray Grandchildren is statute-barred under the Limitation Act 1969 (NSW)' "Entitlements of Murray siblings to Grandmother Murray's estate"]

Ratio Decidendi

The evidence does not establish that the Deed of family arrangement granted only a life estate; on the balance of probabilities, the Deed provided for an absolute gift of the Balmain property to Jean Gibson. The Murray Grandchildren's claim to a remainder interest fails on the facts; the alternative claim is statute-barred. Accordingly, the monies held from the property sale are to be dealt with as assets of Jean Gibson's estate, the cross-claim is dismissed, and the First and Second Defendants are to pay the costs of other parties.

Court Disposition

Plaintiffs successful in resisting cross-claim. Cross-claim dismissed. Orders made regarding estate assets, costs, and liberty to apply.

Orders

  • ['Order that the monies held under the control of Gordon Albert Salier pursuant to the orders of the Court made on 20 October 2017 be paid out to the New South Wales Trustee & Guardian to be dealt with as an asset in the estate of the late Jeanie Gibson.' 'Order that the cross-claim be dismissed.' 'Order that the...