Joseph Saliba & Anor v Thomas Tarmo [2009] NSWSC 581

Joseph Saliba & Anor v Thomas Tarmo [2009] NSWSC 581

The deceased repeatedly represented to the plaintiffs, orally and by the will of 9 November 2001, that they would receive one half of her property or estate because of their care for her. Those representations, the relationship between the parties, and the plaintiffs' continued and expanded provision of unpaid care established an actual common intention and assumption that the plaintiffs would receive a one half beneficial interest in the estate in return for continuing to look after the deceased. The plaintiffs acted to their detriment in reliance on that assumption, and it was unconscionable for the defendant to deny their interest. The defendant therefore held a one half share of the...

Jurisdiction
Australia
Judgment Date
23 June 2009
Procedural Posture
Equity Proceedings Concerning a Constructive Trust Claim and Alternative Equitable Estoppel Claim Over a Deceased Estate / Principal Judgment After Hearing
Outcome
Plaintiffs succeeded on the constructive trust claim and, alternatively, on the equitable estoppel claim; short minutes were directed to give effect to the reasons.
Legal Topics
['constructive Trust' 'equitable Estoppel' 'deceased Estate' 'detrimental Reliance' 'common Intention' 'unconscionable Conduct']
['equity' 'succession'] ['constructive Trust' 'equitable Estoppel' 'deceased Estate' 'detrimental Reliance' 'common Intention' 'unconscionable Conduct']

Case Brief

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Procedural Posture

Equity Proceedings Concerning a Constructive Trust Claim and Alternative Equitable Estoppel Claim Over a Deceased Estate / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the plaintiffs and the deceased had an actual common intention that the plaintiffs would have a beneficial interest in one half of the deceased's estate." "Whether the plaintiffs acted to their detriment on the basis of the deceased's representations and the common intention." "Whether it was unconscionable for the defendant, as executor, to refuse to recognise the plaintiffs' claimed beneficial interest." "Whether the plaintiffs were entitled to relief by equitable estoppel arising from reliance on the deceased's representations that they would inherit a one half share of her estate."]

Ratio Decidendi

The deceased repeatedly represented to the plaintiffs, orally and by the will of 9 November 2001, that they would receive one half of her property or estate because of their care for her. Those representations, the relationship between the parties, and the plaintiffs' continued and expanded provision of unpaid care established an actual common intention and assumption that the plaintiffs would receive a one half beneficial interest in the estate in return for continuing to look after the deceased. The plaintiffs acted to their detriment in reliance on that assumption, and it was unconscionable for the defendant to deny their interest. The defendant therefore held a one half share of the...

Court Disposition

Plaintiffs succeeded on the constructive trust claim and, alternatively, on the equitable estoppel claim; short minutes were directed to give effect to the reasons.

Orders

  • ['Plaintiffs to bring in short minutes to give effect to the reasons.' 'Failing agreement on costs, the parties were to have the opportunity to address the Court on costs.' 'Arrangements were to be made with the associate by 1 July 2009 for re-listing of the matter.']