Selen v Selen

[2013] HCASL 175

SELEN

v

SELEN & ANOR

[2013] HCASL 175
S81/2013

1. The Family Court of Australia (Austin J) made certain orders and a declaration in favour of the applicant, granting specific performance of a deed effecting an intergenerational transfer of interests in farming land held by the applicant's family and a company controlled by the family.  The first respondent (the applicant's mother) appealed from the orders made by the Family Court.

2. The Full Court of the Family Court (Coleman, Ainslie‑Wallace and Rees JJ) allowed the appeal and set aside the orders made by the primary judge.  In doing so the Full Court applied long‑settled principles, which apply to the grant of specific performance of a deed unsupported by consideration, as was the case here, where a settlor had not done everything necessary in order to support a transfer of property.

3. The applicant's written submissions do not advance any question of law which would justify a grant of special leave to appeal.

4. We see no reason to doubt the correctness of the conclusions reached by the Full Court.

5. Pursuant to r 41.11.1 of the High Court Rules 2004 we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

K.M. Hayne
9 October 2013 S.M. Crennan