Antov v Bokan

The case of Antov v Bokan involved a dispute between the plaintiff, Antov, and the defendant, Bokan, regarding the validity of certain documents and the existence of certain representations made by the deceased. Antov claimed that he had relied on the expectation or assumption created by the deceased's representations that he would be entitled to the proceeds from the sale of her property and that the deceased would leave her entire assets as a gift to him. These representations were allegedly contained in a Macedonian Power of Attorney and a Contract for a Gift executed by the deceased in October 2009.

The court was required to decide whether the documents, if authentic, contained the representations as pleaded, and whether the plaintiff had relied on these representations such that he would suffer detriment if the expectation or assumption was not fulfilled. The court also needed to determine whether the presumption of undue influence had been rebutted and whether the execution of the Macedonian Power of Attorney was affected by unconscionable conduct.

The court found that the plaintiff had not established that the representations as pleaded were made or that he had detrimentally relied on the representations as pleaded. As a result, the claim for relief on the basis of promissory estoppel was dismissed. The court also found that the presumption of undue influence had not been rebutted in relation to the Macedonian Power of Attorney, and that the execution of the Macedonian Power of Attorney by the deceased was procured by undue influence and of no effect. Additionally, the court found that the execution of the Macedonian Power of Attorney by the deceased was procured by unconscionable conduct and of no effect.