Pike v Campbell - [2012] QSC 389

SUPREME COURT OF QUEENSLAND

CITATION:

Pike & Anor v Campbell [2012] QSC 389

PARTIES:

SUSAN MARIE PIKE (NEE BUTLER) & KAREN ELIZABETH BUTLER AS ADMINISTRATORS OF THE ESTATE OF CHRISTOPHER NEIL BUTLER (DECEASED)
Plaintiffs
First Defendant
v
CATHERINE FAYE CAMPBELL
Defendant

FILE NOs:

S215 of 2012 Townsville
S314 of 2012 Townsville
S25 of 2012 Mackay

DIVISION:

Trial

PROCEEDING:

Application in 215 of 2012
Application in 314 of 2012
Claim in 25 of 2012

ORIGINATING COURT:

Supreme Court at Townsville

DELIVERED ON:

23 November 2012

DELIVERED AT:

Mackay

HEARING DATE:

19, 20, 21, 22 November 2012

JUDGE:

North J

ORDER:

1. In proceeding S215 of 2012 the application of Ms Campbell filed 19 April 2012 be dismissed

CATCHWORDS:

SUCCESSION LAW – LETTERS OF ADMINISTRATION – definition of de facto partner – whether living on a genuine domestic basis within s 32DA of the Acts Interpretation Act 1954

RESULTING TRUST – UNDUE INFLUENCE

STATUTES:

Acts Interpretation Act 1954 (Qld) ss 32DA, s 32DA(2), 32DA(2)(a), 32DA(2)(d), 32DA(2)(e), 32DA(2)(f), 32DA(2)(g), 32DA(2)(h)
Succession Act 1981 (Qld) ss 5AA, 5AA(2)(b)(ii), 6(1), 6(3)
Uniform Civil Procedure Rules 1999 (Qld) r 596, 610

CASES:

Calverley v Green (1984) 155 CLR 242; [1984] HCA 81, cited
FO v HAF [2007] 2 Qd R 138; [2006] QCA 555, cited
Johnson v Buttress (1936) 56 CLR 113; [1936] HCA 41, cited
KQ v HAE [2007] 2 Qd R 32; [2006] QCA 489, cited
Lenehan v Queensland Trustees Ltd [1965] Qd R 559, cited

COUNSEL:

P Cullinane for the plaintiffs in S215 of 2012, the applicants in S314 of 2012 and the respondents in S25 of 2012
Ms Campbell (self representing) as Applicant in S215of 2012, and respondent in S25 of 2012 and S314 of 2012

SOLICITORS:

Taylors Solicitors, for the plaintiffs in S25 of 2012, the applicants in S314 of 2012 and the respondents in S215 of 2012

HIS HONOUR: Christopher Neil Butler, the deceased, died at Mackay on 18 September 2011. He died intestate. On 2 April 2012 letters of administration were granted to two surviving sisters, Susan Marie Pike and Karen Elizabeth Butler (Exhibit 41).

On 22 May 2012 Catherine Faye Campbell (Ms Campbell) applied in proceedings S215 of 2012 out of the Townsville Registry to revoke the letters of administration (s 6(1) of the Succession Act 1981). She claims priority (UCPR 610) as the surviving spouse of the deceased, thus invoking s 6(3) of the Succession Act.

This is the trial of three proceedings. The first is the claim by Ms Campbell to revoke the letters of administration in S215 of 2012. The second is a claim in S314 of 2012 out of the Townsville Registry by the administrators against Ms Campbell for orders that she deliver up documents and property claimed to be owned by the estate. The third is a claim in S25 of 2012 out of the Mackay Registry by the administrators for an order requiring Ms Campbell to transfer the house and land property to them.

I…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Pike v Campbell

Details

AGLC: Pike & Anor v Campbell [2012] QSC 389
Case: [2012] QSC 389
Decision Date: 23 November 2012

CaseChat Overview and Summary

The court was presented with a case involving a dispute over the estate of a deceased person. The applicant, Ms Campbell, sought letters of administration to manage the estate. The deceased had been in a de facto relationship with Mr Pike, and Ms Campbell contested the validity of this relationship, arguing it did not meet the criteria for a de facto partnership under the relevant statute. The case also involved a claim of undue influence and the imposition of a resulting trust over certain assets of the deceased's estate. The matter was heard in the Supreme Court of Queensland.

The court was required to determine whether Mr Pike and the deceased were in a de facto relationship as defined by section 32DA of the Acts Interpretation Act 1954. This involved assessing whether the relationship was genuine and whether the parties were living on a domestic basis. The court also had to consider whether undue influence was exerted over the deceased, leading to the imposition of a resulting trust. The decision hinged on the interpretation of the statutory definition of a de facto relationship and the applicable principles of undue influence and resulting trusts.

The court found that the relationship between the deceased and Mr Pike did not meet the statutory definition of a de facto partnership. The evidence did not support the conclusion that the parties were living on a genuine domestic basis. Additionally, the court rejected the claim of undue influence and the imposition of a resulting trust, finding no evidence to support these claims. The application for letters of administration was dismissed, and the applicant's claim was rejected.

The final orders of the court were to dismiss Ms Campbell's application for letters of administration and to reject her claims regarding undue influence and the imposition of a resulting trust. The court's decision effectively precluded Ms Campbell from administering the estate of the deceased and from pursuing her claims against the estate.

Orders

Orders of the court

1. In proceeding S215 of 2012 the application of Ms Campbell filed 19 April 2012 be dismissed

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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CITATION:	Pike & Anor v Campbell [2012] QSC 389
PARTIES:	SUSAN MARIE PIKE (NEE BUTLER) & KAREN ELIZABETH BUTLER AS ADMINISTRATORS OF THE ESTATE OF CHRISTOPHER NEIL BUTLER (DECEASED) Plaintiffs First Defendant v CATHERINE FAYE CAMPBELL Defendant
FILE NOs:	S215 of 2012 Townsville S314 of 2012 Townsville S25 of 2012 Mackay
DIVISION:	Trial
PROCEEDING:	Application in 215 of 2012 Application in 314 of 2012 Claim in 25 of 2012
ORIGINATING COURT:	Supreme Court at Townsville
DELIVERED ON:	23 November 2012
DELIVERED AT:	Mackay
HEARING DATE:	19, 20, 21, 22 November 2012
JUDGE:	North J
ORDER:	1. In proceeding S215 of 2012 the application of Ms Campbell filed 19 April 2012 be dismissed
CATCHWORDS:	SUCCESSION LAW – LETTERS OF ADMINISTRATION – definition of de facto partner – whether living on a genuine domestic basis within s 32DA of the Acts Interpretation Act 1954 RESULTING TRUST – UNDUE INFLUENCE
STATUTES:	Acts Interpretation Act 1954 (Qld) ss 32DA, s 32DA(2), 32DA(2)(a), 32DA(2)(d), 32DA(2)(e), 32DA(2)(f), 32DA(2)(g), 32DA(2)(h) Succession Act 1981 (Qld) ss 5AA, 5AA(2)(b)(ii), 6(1), 6(3) Uniform Civil Procedure Rules 1999 (Qld) r 596, 610
CASES:	Calverley v Green (1984) 155 CLR 242; [1984] HCA 81, cited FO v HAF [2007] 2 Qd R 138; [2006] QCA 555, cited Johnson v Buttress (1936) 56 CLR 113; [1936] HCA 41, cited KQ v HAE [2007] 2 Qd R 32; [2006] QCA 489, cited Lenehan v Queensland Trustees Ltd [1965] Qd R 559, cited
COUNSEL:	P Cullinane for the plaintiffs in S215 of 2012, the applicants in S314 of 2012 and the respondents in S25 of 2012 Ms Campbell (self representing) as Applicant in S215of 2012, and respondent in S25 of 2012 and S314 of 2012
SOLICITORS:	Taylors Solicitors, for the plaintiffs in S25 of 2012, the applicants in S314 of 2012 and the respondents in S215 of 2012