Steiner v Strang

In the case of Steiner v Strang, the plaintiff, Steiner, sought to recover monies on behalf of the estate of the deceased, who was his mother. The defendants were the executors of the estate, who were reluctant to bring the action. The deceased had worked in a bridal couturier business for around 25 years before her death. The plaintiff alleged that the estate was owed several sums of money, including a $1.2 million cheque written by the deceased to her son-in-law two and a half years before her death, and long service leave entitlements under the Long Service Leave Act 1955. The defendants disputed the plaintiff's claims. The court was required to determine whether the cheque represented a gift to the son-in-law and daughter or a loan, and whether the deceased was entitled to long service leave. The court also had to consider whether a $15,000 payment requested by the deceased from her son-in-law for her son's anticipated medical expenses was recoverable by the son from the deceased’s estate.

The court first examined the cheque issued by the deceased to her son-in-law. It found that the cheque did not constitute a gift but rather a loan to the son-in-law and daughter. The court's reasoning was based on the lack of any intention to make a gift and the absence of any evidence to suggest that the deceased intended the cheque to be a gift. The court then turned to the issue of long service leave. The court held that the deceased was not a "worker" within the meaning of the Long Service Leave Act 1955 as she held a substantial shareholding interest in the corporate entity that controlled the business in which she worked. The court found that the deceased had not worked continuously for the corporate entity, and therefore was not entitled to long service leave. Finally, the court considered the $15,000 payment. The court found that the deceased's request for the payment was made with the intention that it be repaid, and that the son-in-law was not bound to pay the sum. Therefore, the sum of $15,000 was not recoverable by the son in restitution from the deceased’s estate.

The court ordered that the sum of $1.2 million be recovered from the son-in-law and daughter as a loan and that the sum of $15,000 was not recoverable by the son in restitution from the deceased’s estate. The court did not make any orders regarding the claim for long service leave as the deceased was not entitled to it.