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Lindrum v Perpetual Trustee Company Limited (Re Estate of Irene May Ellis)

Lindrum v Perpetual Trustee Company Limited (Re Estate of Irene May Ellis)

Case [2023] VCC 1328

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AGLC: Lindrum v Perpetual Trustee Company Limited (Re Estate of Irene May Ellis) [2023] VCC 1328
Case: [2023] VCC 1328
Decision Date: 4 August 2023

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Lindrum v Perpetual Trustee Company Limited (Re Estate of Irene May Ellis) [2023] VCC 1328

Cases Citing This Decision

Cases Cited

Statutory Material Cited

ROSE & BAUDIN [2012] FamCAFC 171
Citation 1 (Para 31)

…their conclusions, as far as possible, on the basis of contemporary materials, objectively established facts and the apparent logic of events. [151] (2003) 214 CLR 118 at [31]…
Streeter v Western Areas Exploration Pty Ltd (No 2) [2011] WASCA 17
Citation 2 (Para 635)

…scence, but rather acquiescence and assent ,and the other is delay involving prejudicial change of circumstances ."[158] (emphasis added) [157] (2011) 278 ALR 291 [158] Ibid, at [635] 183A prejudicial change of circumstances such as sale of property to a third party is not necessarily a requirement of the defence. In…
Weeks v Hrubala [2008] NSWSC 162
Citation 3

…w deceased with caution.[15] [15] Krsteski & Anor v Jovanoski [2011] VSC 166 at [25]-[27] and cases cited therein, including in Weeks v Hrubala [2008] NSWSC 162 in which Young CJ in Eq said that a case of a person suing a deceased estate the court normally looks for some sort of corroboration even though, as a matt…
Nolan v Nolan [2004] VSCA 109
Citation 4

…nificant items – limitation of actions – laches defence Legislation Cited: Limitation of Actions Act 1958, s5, s22 Cases Cited: Nolan v Nolan [2004] VSCA 109; Webb v Ryan [2012] VSC 377; Krsteski & Anor v Jovanoski [2011] VSC 166; Pullen & Anor v Gutteridge Haskins and Davey Pty Ltd [1993] 1 VR 27; Masters Home Im…
Watson v Foxman [1995] NSWCA 497
Citation 5

…ittle more than an impression from which plausible details are then, again often subconsciously, constructed. [150] (1995) 49 NSWLR 315 at 318, 319…
Hourigan v Trustees Executors and Agency Co Ltd [1934] HCA 25
Citation 6

…after the conveyance of the property in question. The Court held that there was no trust, and if there was, it was barred by laches. [159] (1934) 51 CLR 619 184The plaintiff submits that the laches defence is not made out, on the basis that the plaintiff understood that Irene did not intend to move or otherwise con…
Webb v Ryan [2012] VSC 377
Citation 7

…f actions – laches defence Legislation Cited: Limitation of Actions Act 1958, s5, s22 Cases Cited: Nolan v Nolan [2004] VSCA 109; Webb v Ryan [2012] VSC 377; Krsteski & Anor v Jovanoski [2011] VSC 166; Pullen & Anor v Gutteridge Haskins and Davey Pty Ltd [1993] 1 VR 27; Masters Home Improvement Pty Ltd v North Ea…
Krsteski v Jovanoski [2011] VSC 166
Citation 8

…: Limitation of Actions Act 1958, s5, s22 Cases Cited: Nolan v Nolan [2004] VSCA 109; Webb v Ryan [2012] VSC 377; Krsteski & Anor v Jovanoski [2011] VSC 166; Pullen & Anor v Gutteridge Haskins and Davey Pty Ltd [1993] 1 VR 27; Masters Home Improvement Pty Ltd v North East Solution [2017] VSCA 88 Judgment: Plainti…

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