Turner v Turner

This case involved an appeal from the Supreme Court of Western Australia concerning two alleged agreements between a father, John Purser Turner, and his wife and children. The wife and children claimed that the father had verbally agreed that in consideration of their future services in working the farm, the property would be owned by them in equal shares. They further alleged a second verbal agreement to compromise an action brought to enforce the first agreement.

The legal issues before the court were whether there was sufficient evidence to support the jury's findings that either the family settlement agreement or the subsequent compromise agreement had been made. The defendant also raised the Statute of Frauds as a defence to both alleged agreements.

The court found that there was no evidence to support the jury's findings on either agreement. Regarding the first agreement, the court noted that such a family settlement, based on future services for equal ownership, was extraordinary and required clear evidence, which was lacking. The expressions relied upon by the plaintiffs were considered too vague. Concerning the compromise agreement, the court determined that the son who allegedly negotiated it lacked authority from the other plaintiffs, and the negotiations were merely preliminary and subject to further settlement, not a concluded agreement.

Consequently, the appeal was dismissed, and the judgment entered for the defendant by the Chief Justice was upheld.