Bar-Mordecai v Hillston

The case of *Bar-Mordecai v Hillston* concerned an appeal from decisions made by Bryson J. The primary dispute involved claims of undue influence concerning gifts made by the deceased, Mrs Eveline Hillston, to the appellant, Mr Bar-Mordecai, who was her treating medical practitioner. The appeal also addressed family provision proceedings and probate proceedings.

The legal issues before the court included whether the presumption of undue influence arising from the doctor-patient relationship had been rebutted, and whether the relationship between the deceased and the appellant could be characterised as a de facto relationship. The court was also required to consider whether the appellant was an "eligible person" for the purposes of the *Family Provision Act 1982* and whether an extension of time should be granted in those proceedings. Finally, the court considered allegations of misconduct by the administrator in the probate proceedings.

The court reasoned that the characterisation of the relationship as de facto was not determinative of the undue influence claim. Instead, the focus was on the precise circumstances of each gift and how the deceased's intention to make the gifts was formed, given the established doctor-patient relationship. The court found that the appellant's acquaintance with the deceased arose in a professional context, and the relationship of medical attendant and patient was well established before any alleged de facto relationship commenced. The court dismissed a motion to admit further evidence, finding it was not fresh evidence and not compelling.

The appeal in the undue influence proceedings was upheld in part, with orders relating to a property at Eastbourne Avenue, Clovelly, and the rent received therefrom being set aside. The appeals in the family provision and probate proceedings were dismissed. Costs orders were made in relation to these various proceedings.