Gonzales v Claridades

Case [2003] NSWCA 227


Reported Decision:

58 NSWLR 211

Court of Appeal


CITATION: GONZALES v CLARIDADES [2003] NSWCA 227
HEARING DATE(S): 8 August 2003
JUDGMENT DATE:
18 August 2003
JUDGMENT OF: Mason P at 1; Beazley JA at 54; Foster AJA at 55
DECISION: Appeal dismissed with costs
CATCHWORDS: Succession - Wills - son charged with murdering parents and sister - where son sole beneficiary under his parents' joint will - forfeiture rule - whether son entitled to access funds from his father's estate to defend committal proceedings - Administration of estates - incomplete administration - whether Court has power to make orders under Pt 68 Supreme Court Rules - "emergency" situation - public policy considerations
LEGISLATION CITED: Forfeiture Act 1995
Supreme Court Rules Pt 68
Criminal Assets Recovery Act 1990, ss10(5), 16A, 16B
Trustee Act s 44
CASES CITED: Dietrich v The Queen (1992) 177 CLR 292
New South Wales v Canellis (1994) 181 CLR 309
Attorney General for New South Wales v Milat (1995) 37 NSWLR 370
Public Trustee: Re Estate of T [1999] NSWSC 1027
Blackman v Permanent Trustee Co Ltd [2003] NSWSC 305
Re Benson Estate (1998) Carswell Alta 1378
In re Estate of Glenn (1973) 299 A 2d 203
Gonzales v Claridades [2003] NSWSC 508
Commissioner of Stamp Duties (Qld) v Livingston [1965] AC 694
Official Receiver v Schultz (1990) 170 CLR 306
Barns v Barns [2003] HCA 9, 196 ALR 65
McLean v Burns Philp Trustee Co Pty Ltd (1985) 2 NSWLR 623
David v Frowd (1833) 1 My & K 200
In re Royle (1890) 43 Ch D 18
Hudson v Gray (1927) 39 CLR 473
In re Hazeldine's Trusts [1908] 1 Ch 34, 40-1
Templeton v Leviathan Pty Ltd (1921) 30 CLR 34
In re New [1901] 2 Ch 534
McCarthy v McCarthy (1919) 19 SR (NSW) 122
Re Oygevault International BV (in liq) (1994) 14 ACSR 245
In re Tollemache [1903] 1 Ch 955
Riddle v Riddle (1952) 85 CLR 202
Brown v Brown (1924) 24 SR (NSW) 495
Chapman v Chapman [1954] AC 429
In re Downshire Settled Estates; Marquess of Downshire v Royal Bank of Scotland [1953] Ch 218
New South Wales Crime Commission v Fleming (1991) 24 NSWLR 116
New South Wales Crime Commission v Younan (1993) 31 NSWLR 44
Clark Equipment Credit of Australia Ltd v Como Factors Pty Ltd (1988) 14 NSWLR 552
A v C (No 2) [1981] 1 QB 961
Helton v Allen (1940) 63 CLR 691
Troja v Troja (1994) 33 NSWLR 269
Rivers v Rivers (2002) 84 SASR 426

PARTIES :

SEF GONZALES v AMELITA CLARIDADES

FILE NUMBER(S): CA 40565/2003
COUNSEL: Appellant: B Rayment QC/ P Kintominas
Respondent: J Wilson
SOLICITORS: Appellant: Benjamin & Khoury Pty Ltd
Respondent: R E Barros & Co
LOWER COURTJURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 2260/2003
LOWER COURT
JUDICIAL OFFICER :
CAMPBELL J



                          CA 40565 of 2003
                          SC 2260 of 2003

                          MASON P
                          BEAZLEY JA
                          FOSTER AJA

      Monday 18 August 2003

Sef GONZALES v Amelita CLARIDADES

The appellant…

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Details
AGLC
Gonzales v Claridades [2003] NSWCA 227
Case
[2003] NSWCA 227
Decision Date

CaseChat Overview and Summary

The case of *Gonzales v Claridades* concerned a son who was the sole beneficiary under his parents' joint will. The son was charged with the murder of his parents and sister. The dispute before the Court of Appeal of New South Wales arose from the son's application for access to funds from his father's estate to fund his defence in the committal proceedings.

The primary legal issues before the Court were whether the forfeiture rule, which generally prevents a person who has unlawfully killed another from benefiting from their estate, applied to prevent the son from accessing estate funds for his defence, and whether the Court had the power to make such an order under Part 68 of the Supreme Court Rules, particularly in an "emergency" situation. The Court also considered public policy considerations relevant to the administration of the estate.

The Court of Appeal held that the forfeiture rule, while generally applicable, did not preclude the son from accessing funds for his defence. The Court reasoned that the administration of the estate was incomplete and that it was in the interests of justice and public policy to allow the son to have legal representation to ensure a fair trial. The Court found that the situation constituted an "emergency" within the meaning of the Supreme Court Rules, justifying the exercise of its power to make interim orders for the preservation and management of the estate.

The appeal was dismissed, and the son was ordered to pay the costs of the proceedings.

Orders

Orders of the court

Appeal dismissed with costs

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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