Roberts v Pollock

The case of Roberts v Pollock involved a dispute over the interpretation of the will of Alistair Gow Henderson, who passed away in 2008. The primary issue was the proper construction of the will, specifically focusing on which assets were bequeathed to David Andrew Pollock and which to the Watchtower Bible and Tract Society of Australia. The case revolved around several bank accounts and term deposits held by Mr Henderson at the time of his death. The first respondent claimed rights over certain assets, while the second respondent contended that other assets should pass to it under the will's residue clause.

The legal issues before the court involved determining the testator's intention in his will, particularly regarding the phrase "all monies standing to my credit with the Stanthorpe Branch of any bank or banks at the time of my death," and whether this phrase included specific bank accounts and term deposits. The court had to interpret whether certain term deposits were considered "money standing to [the testator’s] credit" at the Stanthorpe Branch, and if an account opened at the Hornsby Branch fell under the residue clause.

In delivering the judgment, the court examined the evidence provided and the relationship between Mr Henderson and his accountant, Mr Webb. It was clear that Mr Webb had managed Mr Henderson's investments and assets for many years, and the court considered the extent of Mr Webb's control and influence over these assets. The court found that the specific account held at the Stanthorpe Branch passed to David Andrew Pollock, while the term deposits and the account at the Hornsby Branch were part of the residue, passing to the Watchtower Bible and Tract Society of Australia. The court made specific declarations concerning the fate of the disputed assets and ordered that the matter of costs be heard separately.