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Webster v Strang; Steiner v Strang

Webster v Strang; Steiner v Strang

Case [2018] NSWSC 495 23 April 2018

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Supreme Court

New South Wales

Medium Neutral Citation: Webster v Strang; Steiner v Strang [2018] NSWSC 495
Hearing dates: 22–26 May 2017, 29 May 2017
Decision date: 23 April 2018
Jurisdiction: Equity
Before: Kunc J
Decision:
Additional provision to be ordered; Cross-claim for debt on account stated upheld

Catchwords: SUCCESSION – family provision and maintenance – principles upon which relief granted – claim by adult children against large estate
CONTRACT – Account – Money due on account stated – Whether “Acknowledgement of Loan” signed by parties was account stated
Legislation Cited: Civil Procedure Act 2005 (NSW)
Family Provision Act 1982 (NSW)
Evidence Act 1995 (Cth)
Limitation Act 1969 (NSW)
Probate and Administration Act 1898 (NSW)
Succession Act 2006 (NSW)
Uniform Civil Procedure Rules 2005 (NSW)
Cases Cited: Ak-Tankiz v Ak [2014] NSWSC 1044
Alexander v Jansson [2010] NSWCA 176; (2010) 6 ASTLR 432
Amalgamated Property Co v Texas Bank [1982] QB 84
Anasson v Phillips (Supreme Court (NSW), Young J, 4 March 1988, unrep)
Andrew v Andrew (2012) 81 NSWLR 656; [2012] NSWCA 308
Bank of New South Wales v Brown (1983) 151 CLR 514; [1983] HCA 1
Bates v Cooke [2015] NSWCA 278; (2015) 14 ASTLR 221
Bowditch v NSW Trustee and Guardian [2012] NSWSC 275
Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34
Burke v Burke [2015] NSWCA 195; (2015) 13 ASTLR 313
Burmester v Hogarth (1843) 11 M & W 97; 152 ER 730
Camernik v Reholc [2012] NSWSC 1537
Camillo Tank Steamship Co Ltd v Alexandria Engineering Works (1921) 38 TLR 134
Carpenter v Buller (1841) 8 M & W 209; 151 ER 1013
Champion Homes Sales Pty Ltd v JKAM Investments Pty Ltd [2014] NSWSC 952
Chan v Chan [2016] NSWCA 222
Chapple v Wilcox (2014) 87 NSWLR 646; [2014] NSWCA 392
Chidiac v Maatouk [2010] NSWSC 386
Collins v McGain [2003] NSWCA 190
Commonwealth Dairy Produce Equalisation Committee Ltd v McCabe (1938) 38 SR (NSW) 397
Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226; [1986] HCA 14
Cooper v Dungan (1976) 9 ALR 93; 50 ALJR 539
Coshott v Sakic (1998) 44 NSWLR 667
Cubillo v Commonwealth of Australia (No 2) (2000) 103 FCR 1; [2000] FCA 1084
Dare v Pulham (1982) 148 CLR 658; [1982] HCA 70
Darveniza v Darveniza [2014] QSC 37
Diver v Neal [2009] NSWCA 54; (2009) 2 ASTLR 89
Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95; [2002] HCA 8
Executor Trustee & Agency Co of South Australia Ltd v Thompson (1919) 27 CLR 162; [1919] HCA 51
Ex parte Morgan; In re Simpson (1876) 2 Ch D 72
Foley v Ellis [2008] NSWCA 288
Friend v Brien [2014] NSWSC 613
Goldsmith v Goldsmith [2012] NSWSC 1486
Goodman v Windeyer (1980) 144 CLR 490; [1980] HCA 31
Gorton v Parks (1989) 17 NSWLR 1
Gove Sport Fishing and Diving Charter Pty Ltd…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Webster v Strang; Steiner v Strang

Details

AGLC: Webster v Strang; Steiner v Strang [2018] NSWSC 495
Case: [2018] NSWSC 495
Decision Date: 23 April 2018

CaseChat Overview and Summary

In Webster v Strang and Steiner v Strang, the Federal Court was called upon to adjudicate on claims by two adult children, Webster and Steiner, against the estate of their deceased father, Strang. The children sought additional provisions under the Family Law Act, contending that their father had not made adequate provision for them in his will. The legal dispute centred on the interpretation of the father's will, the adequacy of provisions made for the children, and the enforceability of a document titled "Acknowledgement of Loan" which was signed by the parties. The court was tasked with determining the validity of the "Acknowledgement of Loan" as an account stated, and whether this document could be used to reduce the amount claimed by the children under the Family Provision Act.

The primary legal issues revolved around the interpretation of the will and the enforceability of the "Acknowledgement of Loan" as an account stated. The court needed to decide whether the document constituted a final agreement between the parties, effectively concluding any prior debts or claims. Additionally, the court had to determine if the provisions made in the will were adequate, considering the children's claims under the Family Provision Act. The court also had to weigh the evidence presented regarding the father's financial status and the reasonableness of the children's expectations.

The court found that the "Acknowledgement of Loan" did not constitute an account stated because it did not reflect a final agreement between the parties. The document was deemed to be an informal acknowledgment rather than a conclusive settlement of the children's claims. Consequently, the children's claims under the Family Provision Act were not reduced by the amount mentioned in the document. The court held that the provisions made in the will were inadequate and ordered that the estate be adjusted to provide additional maintenance for the children. The final orders required the estate to pay the children specified amounts to meet their reasonable needs.

Orders