|Dubyna v Seggan (SASC) - Wills and estates - lost Will - defendants under disability - terms of settlement approved and made a rule of Court
|In the Estate of Sorrell (deceased) (SASC) - Wills and estates - declaration of effective gift of real property refused - letters of administration with copy of Will annexed granted
|Merrick Tyler Pty Ltd v Commissioner of Main Roads (WASCA) - compulsory acquisition of land - meaning of ‘adjoining land’ under Land Administration Act 1997 (WA) - appeal dismissed
|Summaries With Link (Five Minute Read)
|Dubyna v Seggan  SASC 67
Supreme Court of South Australia
Wills and estates - approval of terms of settlement - plaintiffs were children of deceased and wife - plaintiff sought order that Court pronounce against purported Will of deceased, order that a grant of letters of administration be made to Public Trustee in respect of estate of deceased on basis he died intestate, orders in relation to costs and approval of terms of settlement for benefit of defendants under disability, and that terms of settlement be made a rule of court - Will had been lost - first defendant had alleged Will was a fraud, or obtained under duress, and that deceased lacked testamentary capacity - under terms of settlement plaintiffs no longer sought to propound admission of copy of Will to probate - ss9 & 5(3) Public Trustee Act 1995 - rr205, 227, & 257 Supreme Court Civil Rules 2006 - whether compromise was reasonable and whether for benefit of persons under disability - held: proposed compromise was reasonable and it was in interest of defendants under disability that Will not be admitted to probate - terms of settlement approved and made a rule of court.
|In the Estate of Sorrell  SASC 68
Supreme Court of South Australia
Wills and estates - gifts inter vivos - deceased executed Will which appointed applicant executor and trustee - applicant sought declaration there had been effective gift of real property, or grant of letters of administration with Will annexed - applicant and sister were residuary beneficiaries - deceased informed applicant she wished to transfer properties to him on trust for him and sister - deceased executed transfer documents and provided applicant with certificates of title - deceased then destroyed Will - properties mortgaged to bank - applicant failed to register transfers - bank foreclosed on mortgage and sold one property leaving surplus funds paid to ASIC - applicant sought registration of transfer of other property and payment of surplus funds - applicant sought that the funds and property be held on trust for him and sister - held: applicant failed to establish deceased intended to effect immediate gift of properties to applicant at time of executing transfer documents - destruction of Will amounted to conditional revocation - deceased mistakenly believed she obviated need for formal Will - letters of administration with copy of Will annexed granted.
|Merrick Tyler Pty Ltd v Commissioner of Main Roads  WASCA 82
Court of Appeal of Western Australia
Newnes & Murphy JJA; Beech J
Compulsory acquisition of land - statutory interpretation - appellant owned two parcels of land - respondent compulsorily acquired part of land (Eastern land) - appellant claimed compensation for reduction in value of other part of land (Western land) - appellant appealed against trial judge’s determination Western land was not ’adjoining land’ to Eastern land for the purposes of s241 Land Administration Act 1997 (WA) - appellant contended trial judge erred in construing ’adjoining’ as referring only to land contiguous with land taken under pt 9 - held: words ’adjoining land’ in s 241 read in context of Act did not permit broader construction advanced by appellant - appeal dismissed.