Gordan Evans (As Executor for the Estate of the Late Joan Gladys Evans) v Secretary, Department of Families, Community Services and Indigenous Affairs

[2013] HCASL 28

GORDAN EVANS (AS EXECUTOR FOR THE ESTATE OF THE LATE JOAN GLADYS EVANS)

v

SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

[2013] HCASL 28
S336/2012

1. The late Mrs Evans received the age pension from 28 July 1999 until 6 May 2009 when Centrelink, as delegate of the respondent, decided that she was no longer entitled to a pension.  In making that decision, Centrelink treated as a gift an amount of $1,131,233 paid by Mrs Evans on 14 September 2007 to her son (now the applicant in this application, as executor of his mother's estate) following the sale of her home.

2. The decision was affirmed by the Social Security Appeals Tribunal and by the Administrative Appeals Tribunal ("the Tribunal").  The Tribunal rejected an argument that the amount was paid pursuant to a binding oral agreement between Mrs Evans, her late husband and the applicant that the applicant would leave his career in theatre and conduct the family business in return for a specified share in the proceeds of the eventual sale of the family home.  The Tribunal found that there was no binding legal agreement on those terms between the applicant and his parents.

3. The Federal Court of Australia (Cowdroy J) dismissed an appeal from the Tribunal's decision. The Full Federal Court (Rares, Buchanan and Griffiths JJ) dismissed an appeal from that decision, holding that the finding made by the Tribunal was open to it.

4. The applicant requires an extension of time in which to file his application for special leave to appeal to this Court.  That extension should not be granted.  The applicant has not identified any question of law which would justify a grant of special leave to appeal.  We see no reason to doubt the correctness of the conclusions reached in the Federal Court.  An appeal to this Court would enjoy no prospect of success.

5. Pursuant to r 41.10.5 we direct the Registrar to draw up, sign and seal an order dismissing the application.

S.M. Kiefel
13 March 2013 S.J. Gageler