Bird v Perpetual Executors and Trustees Association of Australia Limited [1946] HCA 52

Bird v Perpetual Executors and Trustees Association of Australia Limited [1946] HCA 52

The majority held that the deed contained no express or implied covenant by Parker to pay the acknowledged debt. The document was a mere testamentary direction, and as it was not executed in accordance with the Wills Act 1928 (Vict.), it was inoperative.

Parties
Appellant, Plaintiff: Mary Ann Bird; Respondent, Defendant: Perpetual Executors and Trustees Association of Australia Ltd.
Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Testamentary Documents, Deeds, Covenants, Implied Covenants, Acknowledgment of Debt, Execution of Wills
Property Law Succession Law Contract Law Testamentary Documents Deeds Covenants Implied Covenants Acknowledgment of Debt +1 more

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Parties

Mary Ann Bird

Appellant, Plaintiff

Perpetual Executors and Trustees Association of Australia Ltd.

Respondent, Defendant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the deed executed by Parker constituted an enforceable covenant or was a mere testamentary direction
  2. 2 Whether a covenant to pay could be implied from the wording of the deed
  3. 3 Whether the document was operative given the requirements of the Wills Act 1928 (Vict.)

Ratio Decidendi

The majority held that the deed contained no express or implied covenant by Parker to pay the acknowledged debt. The document was a mere testamentary direction, and as it was not executed in accordance with the Wills Act 1928 (Vict.), it was inoperative.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • No order as to costs.