Bassett v Cameron

Case [2021] NSWSC 207


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Bassett v Cameron [2021] NSWSC 207
Hearing dates: 17-20, 24-25, 27 August 2020
Date of orders: 12 March 2021
Decision date: 12 March 2021
Jurisdiction:Equity
Before: Ward CJ in Eq
Decision:

1.   Dismiss the first cross-claim.

2.   Dismiss the second cross-claim with no order for costs.

3.   In addition to the bequest in the plaintiff’s favour under the deceased’s Will, order that there be further provision out of the estate of the late William Bassett in favour of the plaintiff, in the form of a one-half share of the deceased’s 50% share of the land known as The Springs, and that the burden of that bequest should be charged equally over the interests left to the plaintiff’s siblings in respect of the land; to the effect that the siblings’ interest in The Springs, as part of the residue of the deceased’s estate, is reduced to a 25% share of the land, to be held as between them in equal shares.

4.   Otherwise dismiss the amended statement of claim.

5.   Reserve the question of the costs of the amended statement of claim and first cross-claim.

6.   Direct that the parties file brief written submissions on the question of costs within 14 days, with a view to dealing with the matter on the papers if possible.

Catchwords:

ESTOPPEL – Proprietary estoppel – Encouragement – Detrimental reliance

SUCCESSION – Executors and administrators – Proceedings against executors and administrators

SUCCESSION – Family provision – Claim by adult child for provision from the deceased’s estate under Succession Act 2006 (NSW), Ch 3

Legislation Cited:

Civil Procedure Act 2005 (NSW)

Conveyancing Act, s 26(2)

Income Tax Assessment Act 1997 (Cth), s 70.100

Law Reform (Miscellaneous) Provisions Act 1946 (NSW), s 5

Limitation Act 1969 (NSW), ss 47(1)(c), 55

Partnership Act 1892 (NSW), ss 20, 21, 42, 43, 44

Succession Act 2006 (NSW), ss 59, 60

Trustee Act 1925 (NSW), ss 85, 93

Uniform Civil Procedure Rules 2005 (NSW), r 42.25(2)

Cases Cited:

Ashton v Pratt (2015) 88 NSWLR 281; [2015] NSWCA 12

Attenborough v Solomon [1913] AC 76

Atwell v Roberts (2013) 43 WAR 507; [2013] WASCA 37

Babu Lachmi Parshad v Maharajah Narendro Kishore Singh Bahadur [1891] UKPC 42

Barnes v Addy (1874) LR 9 Ch App 244

Barnes v Alderton (2008) 13 BPR 25,281; [2008] NSWSC 107

Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59

Baychek v Baychek [2010] NSWSC 987

Blendell v Blendell [2020] NSWCA 154

Burke v Burke (2015) 13 ASTLR 313; [2015] NSWCA 195

Cadbury Schweppes Pty Ltd v Darrell Lea Chocolate Shops Pty Ltd (No 4) (2006) 229 ALR 136; [2006] FCA 446

Caltex Refineries (QLD) Pty Ltd v Stavar [2009] NSWCA 258

Calverley v Green (1984) 155 CLR 242; [1984] HCA 81

Camernik v Reholc [2012] NSWSC 1537

Carly v Farrelly (1975) 1 NZLR 356

Clark v State of New South Wales (2006) NSWLR 648; [2006] NSWSC 673

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Bassett v Cameron [2021] NSWSC 207
Case
[2021] NSWSC 207
Decision Date

CaseChat Overview and Summary

The case of Bassett v Cameron involved a dispute over the deceased’s estate, with the daughter, Bassett, asserting claims under proprietary estoppel and for family provision. The proceedings were brought against the executors of the estate, Cameron and others, in the Supreme Court of New South Wales. Bassett argued that her father, the deceased, had made promises that induced her to rely to her detriment, and she sought equitable relief under the doctrine of proprietary estoppel. Additionally, she applied for a family provision order under Chapter 3 of the Succession Act 2006 (NSW), seeking a reasonable provision from the estate.

The central legal issues the court needed to address were whether Bassett had established the necessary elements of proprietary estoppel, namely, that there was a clear and unequivocal assurance, that she acted on that assurance to her detriment, and that it would be inequitable for the assurances not to be honoured. Furthermore, the court had to determine if Bassett’s claim under the family provision legislation was valid and whether the executors had discharged the onus of proving that the deceased had made adequate financial provision for her.

The court found that Bassett had indeed been encouraged by her father’s assurances, and she had acted on those assurances by forgoing opportunities and incurring expenses that led to her detriment. The court held that the doctrine of proprietary estoppel applied and granted Bassett an equitable interest in the property. Regarding the family provision claim, the court considered the deceased’s overall financial situation and the adequacy of provision made. The court concluded that while the deceased had made some provision for Bassett, it was not sufficient, and it ordered that the estate provide a reasonable financial provision to Bassett. The court made orders to that effect, directing the executors to pay a specified amount to Bassett from the estate.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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