EDNA MAY COLLINS by her next friend GLENYS LESLEY LARAINE POLETTI -v- MAY [2000] WASC 29
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2000] WASC 29 | |
| Case No: | CIV:2129/1997 | 28-30 SEPTEMBER 1999 | |
| Coram: | OWEN J | 17/02/00 | |
| 29 | Judgment Part: | 1 of 1 | |
| Result: | Deed of gift and transfer of land set aside | ||
| PDF Version |
| Parties: | EDNA MAY COLLINS by her next friend GLENYS LESLEY LARAINE POLETTI MELISSA ANNE MAY |
Catchwords: | Contracts Particular parties Mentally disabled persons Capacity of parties Gift of half interest in land to granddaughter Whether gift made at time when donor of sound mind Donor suffering from early senile dementia Whether deprived of capacity to understand nature of transaction |
Legislation: | Public Trustee Act 1941 |
Case References: | Collins v Price, unreported; SCt of WA (Wheeler J); Library No 960747; 1 November 1996 Commercial Bank of Australia Ltd v Amadio (1982-83) 151 CLR 447 Crago v McIntyre [1976] 1 NSWLR 729 Elliot v Ince [1857] 7 De GM & G 475 Gibbons v Wright (1954-1955) 91 CLR 423 Hart v O'Connor [1985] AC 1000 Imperial Loan Co v Stone [1892] 1 QB 599 In the Estate of Daniel Doll [1881] 7 VLR (IP & M) 70 In the Will of Wilson (1897) 23 VLR 197 McLaughlin v Daily Telegraph Newspaper Co Ltd [No 2] (1903-1904) 1 CLR 243 Re Beaney [1978] 2 All ER 595 Timbury v Coffee (1942-1943) 66 CLR 277 Worth v Clasohm (1952-1953) 86 CLR 439 Allcard v Skinner (1887) 36 Ch D 145 Bank of New South Wales v Rogers (1941) 65 CLR 42 Beverley & Anor v Watson & Ors, unreported; SCt of WA; Library No 940502; 14 September 1994 Estate of Daniel Doull [1881] 7 VLR Garcia v NAB (1998) 155 ALR 614 Imperial Loan Co v Stone [1892] QB 599 Inche Noriah v Shaik Bin Omar [1929] AC 127 Johnson v Buttress (1936) 56 CLR 113 Louth v Diprose (1992) 175 CLR 621 Watkins v Combes (1922) 30 CLR 180 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA CITATION : EDNA MAY COLLINS by her next friend GLENYS LESLEY LARAINE POLETTI -v- MAY [2000] WASC 29 CORAM : OWEN J HEARD : 28-30 SEPTEMBER 1999 DELIVERED : 17 FEBRUARY 2000 FILE NO/S : CIV 2129 of 1997 BETWEEN : EDNA MAY COLLINS by her next friend GLENYS LESLEY LARAINE POLETTI
- Plaintiff
AND
MELISSA ANNE MAY
Defendant
Catchwords:
Contracts - Particular parties - Mentally disabled persons - Capacity of parties - Gift of half interest in land to granddaughter - Whether gift made at time when donor of sound mind - Donor suffering from early senile dementia - Whether deprived of capacity to understand nature of transaction
Legislation:
Public Trustee Act 1941
Result:
Deed of gift and transfer of land set aside
(Page 2)
Representation:
Counsel:
Plaintiff : Mr J A Chaney
Defendant : Mr R W Bower
Solicitors:
Plaintiff : Anderson Josland
Defendant : Corser & Corser
Case(s) referred to in judgment(s):
Collins v Price, unreported; SCt…
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- Case
- [2000] WASC 29
- Decision Date
CaseChat Overview and Summary
The case of Collins by her next friend Poletti v May involved a dispute regarding a gift of land made by Collins to her granddaughter, May. Collins, who suffered from early senile dementia, executed a deed of gift and transfer of her half interest in the land to May. The court was tasked with determining whether the gift was made at a time when Collins was of sound mind, or if she was deprived of the capacity to understand the nature of the transaction due to her condition. The court had to consider the legal principles surrounding the capacity of mentally disabled persons to enter into contracts and the implications of senile dementia on an individual's ability to comprehend the nature of a transaction.
The primary legal issues before the court were whether Collins had the requisite mental capacity to understand the nature of the transaction at the time the deed of gift and transfer was executed, and if her condition of early senile dementia deprived her of the capacity to understand the nature of the transaction. The court was required to assess the evidence provided regarding Collins's mental state at the time of the transaction and determine if her condition was such that it rendered her incapable of appreciating the nature of the gift and transfer of her land.
In delivering the judgment, the court found that Collins did not have the capacity to understand the nature of the transaction at the time the deed of gift and transfer was executed. The evidence presented demonstrated that Collins was suffering from early senile dementia, which deprived her of the capacity to comprehend the nature of the transaction. Consequently, the court held that the deed of gift and transfer of the land should be set aside, as it was not made at a time when Collins was of sound mind and capable of understanding the implications of the transaction.
The court set aside the deed of gift and transfer of the land, declaring that the transaction was invalid due to Collins's lack of capacity to understand the nature of the transaction at the time it was executed. This decision ensures that the interests of vulnerable individuals, such as those suffering from early senile dementia, are protected in contractual transactions.
The primary legal issues before the court were whether Collins had the requisite mental capacity to understand the nature of the transaction at the time the deed of gift and transfer was executed, and if her condition of early senile dementia deprived her of the capacity to understand the nature of the transaction. The court was required to assess the evidence provided regarding Collins's mental state at the time of the transaction and determine if her condition was such that it rendered her incapable of appreciating the nature of the gift and transfer of her land.
In delivering the judgment, the court found that Collins did not have the capacity to understand the nature of the transaction at the time the deed of gift and transfer was executed. The evidence presented demonstrated that Collins was suffering from early senile dementia, which deprived her of the capacity to comprehend the nature of the transaction. Consequently, the court held that the deed of gift and transfer of the land should be set aside, as it was not made at a time when Collins was of sound mind and capable of understanding the implications of the transaction.
The court set aside the deed of gift and transfer of the land, declaring that the transaction was invalid due to Collins's lack of capacity to understand the nature of the transaction at the time it was executed. This decision ensures that the interests of vulnerable individuals, such as those suffering from early senile dementia, are protected in contractual transactions.
Orders
Orders of the court
Deed of gift and transfer of land set aside
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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