Selen v Selen

SELEN
v
SELEN & ANOR
[2013] HCASL 175
S81/2013

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.
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.
The applicant's written submissions do not advance any question of law which would justify a grant of special leave to appeal.
We see no reason to doubt the correctness of the conclusions reached by the Full Court.
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

CaseChat Overview and Summary

In the case of Selen v Selen, the legal dispute centered around a deed intended to facilitate an intergenerational transfer of interests in farming land and a company controlled by the Selen family. The Family Court of Australia was tasked with interpreting and enforcing this deed, which was allegedly unsupported by consideration. The applicant, seeking to enforce the deed, had previously succeeded in the Family Court, which granted specific performance and a declaration in their favour. However, the applicant's mother, the first respondent, appealed the Family Court's decision. The Full Court of the Family Court then reviewed the case, applying established principles concerning the specific performance of deeds without consideration.

The legal issues that arose in this case primarily revolved around the enforceability of the deed in question. The central question was whether the settlor had taken all necessary steps to effectuate the transfer of property as outlined in the deed. Given that the deed lacked consideration, the Full Court had to determine if the settlor had indeed completed all required actions to make the transfer valid and enforceable. This involved examining the conduct of the settlor and whether it sufficiently demonstrated an intention to transfer the property rights as specified in the deed.

The Full Court, in its decision, upheld the long-standing principles that govern the specific performance of deeds without consideration. It concluded that the settlor had not done everything necessary to support the transfer of property, thus rendering the deed unenforceable. The Full Court allowed the appeal, set aside the Family Court's orders, and dismissed the application for specific performance. The reasoning was grounded in the established legal framework that requires the settlor to have completed all necessary actions for the transfer to be valid.

As a result of the Full Court's decision, the application for special leave to appeal to the High Court was dismissed. The High Court found that no question of law advanced by the applicant warranted a grant of special leave. Consequently, the Registrar was directed to draw up, sign, and seal an order dismissing the application with costs. This decision ultimately upheld the Full Court's findings and maintained the status quo, affirming the principles governing the specific performance of deeds without consideration.

Continue reading Selen v Selen

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established