Grant v Grant

[2021] NSWCA 181

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Grant v Grant [2021] NSWCA 181

Hearing dates:

12 March 2021

Date of orders:

18 August 2021

Decision date:

18 August 2021

Before:

Basten JA at [1];
Leeming JA at [2];
White JA at [3]

Decision:

1 Appeal dismissed.

2 The first and second appellants pay the respondents’ costs of the appeal from the declarations and orders made in proceedings 2017/316190 (the estate recovery proceedings).

3 The first appellant pay the respondents’ costs of the appeal from the orders made in proceedings 2018/139174 (the family provision proceedings).

4 Discharge the stay granted on 14 December 2020 of the orders made in the Equity Division on 24 September 2020.

5 Direct that any application by the respondents for any consequential orders be made to the primary judge, or such other judge as the Chief Judge in Equity may direct.

Catchwords:

SUCCESSION — Claim by estate to recover property — Where property of deceased transferred by deceased’s daughter by way of gift in favour of deceased’s granddaughter in exercise of power of attorney — Where no power of gift conferred on attorney — Where daughter purportedly acted pursuant to direction in letter — Whether deceased’s signature was forged

SUCCESSION — Family provision — Claim by adult child — Where evidence of ill treatment of testatrix by claimant — Where evidence that claimant received substantial benefits from testatrix before death

Legislation Cited:

Powers of Attorney Act 2003 (NSW), Pt 2, s 11

Succession Act 2006 (NSW), s 100(2)

Uniform Civil Procedure Rules 2005 (NSW), r 36.16(3A)

Cases Cited:

Fox v Percy (2003) 214 CLR 118; [2003] HCA 22

Category:

Principal judgment

Parties:

Nerez Gwynneth Grant (First appellant)
Kashaya Williams (Second appellant)
Seth Grant (First respondent)
Tansin Leckie (Second respondent)

Representation:

Counsel:
Mr L Ellison with Mr N Avery-Williams (Respondents)

Solicitors:
First Appellant self-represented
Teece Hodgson & Ward (Respondents)

File Number(s):

2020/287951

 Decision under appeal 

Court or tribunal:

Supreme Court of New South Wales

Jurisdiction:

Equity

Citation:

[2020] NSWSC 1288

Date of Decision:

24 September 2020

Before:

Slattery J

File Number(s):

2017/316190; 2018/139174

HEADNOTE

[This headnote is not to be read as part of the judgment]

By his tutor, Dr Alan Grant brought proceedings against his daughter Nerez Grant and her daughter Kashaya Williams seeking to set aside a transfer of land in favour of Kashaya which was executed by Nerez as her father’s attorney on 27 September 2017. He also sought sums of $100,000 and $34,700 transferred out of his bank account by Nerez. Dr Grant died in the course of the proceedings and his estate was ultimately represented by his son Seth Grant as administrator ad litem.

The power of attorney was given to Nerez on 10 July 2014. It did not authorise her to make gifts of Dr Grant’s property. The memorandum of transfer executed by Nerez stated that it had been given for consideration of $900,000 in favour of Dr Grant. No consideration was paid.

The appellants relied…