Popoola v Wright

Case [2018] QDC 64


DISTRICT COURT OF QUEENSLAND

CITATION:

Popoola v Wright & Ors [2018] QDC 64

PARTIES:

RUTH TAIWO POPOOLA
(applicant)

and

ADEKUNLE TONY WRIGHT AS EXECUTOR FOR THE ESTATE OF THE LATE MUYIDEEN OLUBIYI POPOOLA
(respondent)

SADE VANESSA POPOOLA
(first respondent by election)

TAYO PRISCILLA POPOOLA
(second respondent by election)

LOLA MARGARET POPOOLA
(third respondent by election)

LOLA MARGARET POPOOLA as litigation guardian for LARA ROSELYN POPOOLA
(fourth respondent by election)

FILE NO/S:

153 of 2013

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

District Court of Queensland at Cairns

DELIVERED ON:

16 March 2018 (ex tempore)

DELIVERED AT:

Cairns

HEARING DATE:

16 March 2018

JUDGE:

Fantin DCJ

ORDER:

1. Pursuant to s 41(1) of the Succession Act 1981 (Qld), further and better provision be made for the applicant, Ruth Taiwo Popoola, from the Estate of her late husband Muyideen Olubiyi Popoola (“the deceased”), on the terms contained in the Deed of Compromise dated 5 July 2017, a copy of which is exhibit “JLL-01”, to the affidavit of Jacqueline Rosa Lee Long filed 24 July 2017;

2.   That the applicant do all things necessary to take over the mortgage debt to the Commonwealth Bank of Australia on the property situated at 8 Dolphin Close, Kewarra Beach, Queensland (“the Property”) in conjunction with the settlement to transfer ownership of the Property into the applicant’s name;

3.   That the applicant and the respondent do all things necessary to transfer the ownership of the Property into the applicant’s name;

4.   That the extra funds received from Sunsuper’s anti-detriment amount in the sum of $5,057.93 held in Williams Graham & Carman Lawyer’s trust account after the Deed of Compromise was signed be distributed as follows:

a.   Sade Popoola    $1,112.74

b.   Tayo Popoola    $1,112.74

c.   Lola Popoola     $1,416.22

d.   Lara Popoola     $1,416,23

5. Pursuant to s 59(1) of the Public Trustee Act 1978 (Qld) and r 98 of the UCPR, the Court sanctions the compromise of these proceedings on behalf of Lara Roselyn Popoola on the terms contained in the Deed of Compromise dated 5 July 2017;

6. That Lara Roselyn Popoola be provided from the Estate the amount of $29,948.38, to be paid, pursuant to s59(4) of the Public Trustee Act 1978 (Qld) to the Public Trustee of Queensland (“the trustee”) within 14 days of the performance of the Deed of Compromise dated 5 July 2017, and that the trustee’s receipt as financial administrator be a sufficient discharge;

7.   The trustee be appointed to receive, hold and manage the amount of $29,948.38 on trust for Lara Roselyn Popoola until she attains 18 years.

8.   The trustee be empowered to invest the balance of the compromise some and any accretions in such investments as trustees are empowered to invest under the Trusts Act 1973.

9.   The trustee apply such monies for the maintenance benefit and support of Lara Roselyn Popoola.

10.  Within seven (7) days of this order, the fourth respondent by election’s solicitors serve a copy of it on the trustee.

11.  The Registrar of…

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AGLC
Popoola v Wright [2018] QDC 64
Case
[2018] QDC 64
Decision Date

CaseChat Overview and Summary

Ruth Taiwo Popoola, the widow and mother of minor children of Muyideen Olubiyi Popoola, applied to the Supreme Court of Queensland for financial provision under the Succession Act 1981. The application followed a compromise agreement made between the parties. The dispute centred on the adequacy of provision made for the applicant and her children under the deceased’s will and the need to adjust this provision. The court had to decide whether to approve the compromise agreement, given the involvement of minors in the proceedings, and to determine the distribution of funds.

The court examined the terms of the compromise agreement and the adequacy of the provision for the applicant and the children. Given that one of the children, Lara Popoola, was a minor, the court needed to consider the requirements of the Public Trustee Act 1978 and the Uniform Civil Procedure Rules 1999. The court found that the compromise was fair and in the best interest of the parties, particularly the minor, and thus, it sanctioned the compromise. The court also ordered the distribution of additional funds and the appointment of a trustee to manage and invest the settlement funds for Lara until she reached adulthood.

The court granted the application and made several orders to effect the compromise. It approved the terms of the Deed of Compromise and directed the applicant to assume the mortgage debt on the family property. The court ordered the transfer of the property to the applicant’s name and directed the distribution of extra funds from the estate. Additionally, it sanctioned the compromise on behalf of the minor and appointed a trustee to manage the minor’s share of the settlement, ensuring it was invested and applied for her benefit. The court further directed the trustee to pay a specific amount to Lara and outlined the procedures for the trustee to follow in managing these funds. Finally, the court made provisions for the service of the order and left costs to be borne by the parties involved.

The court’s final orders included the approval of the compromise agreement, the transfer of property ownership, the distribution of funds, and the appointment of a trustee to manage the minor’s share of the estate. These orders reflect the court’s consideration of the compromise’s fairness and the need to protect the interests of all parties, particularly the minor child. The orders provide a clear framework for the implementation of the compromise and the ongoing management of the estate.

Orders

Orders of the court

1. Pursuant to s 41(1) of the Succession Act 1981 (Qld), further and better provision be made for the applicant, Ruth Taiwo Popoola, from the Estate of her late husband Muyideen Olubiyi Popoola (“the deceased”), on the terms contained in the Deed of Compromise dated 5 July 2017, a copy of which is exhibit “JLL-01”, to the affidavit of Jacqueline Rosa Lee Long filed 24 July 2017;

2. That the applicant do all things necessary to take over the mortgage debt to the Commonwealth Bank of Australia on the property situated at 8 Dolphin Close, Kewarra Beach, Queensland (“the Property”) in conjunction with the settlement to transfer ownership of the Property into the applicant’s name;

3. That the applicant and the respondent do all things necessary to transfer the ownership of the Property into the applicant’s name;

4. That the extra funds received from Sunsuper’s anti-detriment amount in the sum of $5,057.93 held in Williams Graham & Carman Lawyer’s trust account after the Deed of Compromise was signed be distributed as follows:

a. Sade Popoola $1,112.74

b. Tayo Popoola $1,112.74

c. Lola Popoola $1,416.22

d. Lara Popoola $1,416,23

5. Pursuant to s 59(1) of the Public Trustee Act 1978 (Qld) and r 98 of the UCPR, the Court sanctions the compromise of these proceedings on behalf of Lara Roselyn Popoola on the terms contained in the Deed of Compromise dated 5 July 2017;

6. That Lara Roselyn Popoola be provided from the Estate the amount of $29,948.38, to be paid, pursuant to s59(4) of the Public Trustee Act 1978 (Qld) to the Public Trustee of Queensland (“the trustee”) within 14 days of the performance of the Deed of Compromise dated 5 July 2017, and that the trustee’s receipt as financial administrator be a sufficient discharge;

7. The trustee be appointed to receive, hold and manage the amount of $29,948.38 on trust for Lara Roselyn Popoola until she attains 18 years.

8. The trustee be empowered to invest the balance of the compromise some and any accretions in such investments as trustees are empowered to invest under the Trusts Act 1973.

9. The trustee apply such monies for the maintenance benefit and support of Lara Roselyn Popoola.

10. Within seven (7) days of this order, the fourth respondent by election’s solicitors serve a copy of it on the trustee.

11. The Registrar of the Court place the opinion of counsel read on this application in a sealed envelope marked "Not to be opened without an order of the Court".

12. Each of the parties, the trustee and the fourth respondent by election’s solicitors have liberty to apply in respect of these orders.

13. There be no order as to 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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