Tam v Tang

The matter involved a dispute between Tam and Tang concerning the estate of a deceased individual. Tam claimed a portion of the estate based on oral communications with the deceased, which Tang contested. The case was heard in the Supreme Court of Victoria. The primary legal issues revolved around the admissibility and weight of uncorroborated oral communications from the deceased and the applicability of equitable defences, specifically laches, to the claim.

The court examined whether uncorroborated oral communications could support a claim on a deceased person's estate. It acknowledged that there was no legal prohibition against such evidence but emphasised the need for caution in its application. The court highlighted that while oral communications could be considered, they would be treated with scepticism unless supported by other evidence. The court also assessed the equitable defence of laches, considering whether any delay by Tam in asserting the claim had prejudiced Tang.

After considering the evidence, the court found that the oral communications presented by Tam were insufficient to substantiate the claim without corroboration. The court underscored the necessity for additional evidence to support claims based on oral communications. Regarding the defence of laches, the court determined that any delay by Tam did not amount to a significant prejudice to Tang. Consequently, the court dismissed Tam's claim on the estate.

The court ordered that the estate would be distributed according to the existing will, and no part of it would be allocated to Tam. Additionally, the court directed Tang to cover the legal costs associated with the proceedings.