The Executors of the Estate of Diana, Princess of Wales v Bonnie Masterson

The Executors of the Estate of Diana, Princess of Wales (the plaintiffs) brought proceedings against Bonnie Masterson (the defendant) in the Supreme Court of New South Wales. The dispute concerned the ownership of a diamond necklace, which the plaintiffs claimed formed part of the estate of the late Diana, Princess of Wales, and therefore belonged to the estate. The defendant asserted a claim to the necklace, alleging it had been gifted to her.

The central legal issue before the Court was whether the defendant had acquired title to the diamond necklace. This required the Court to determine whether a valid gift of the necklace had been made by Diana, Princess of Wales, to the defendant. The Court had to consider the elements necessary to establish a valid gift, specifically whether there had been a clear intention to gift and a sufficient act of delivery or transfer of possession.

In reaching its decision, the Court analysed the evidence presented by both parties regarding the alleged gift. The Court applied the legal principles governing gifts, which require an intention to make an immediate and irrevocable transfer of property and an act of delivery or relinquishment of dominion over the property. After considering the testimony and documentary evidence, the Court found that the plaintiffs had not discharged their onus of proving that the necklace formed part of the estate. Consequently, the Court found in favour of the defendant.