White v White By Her Tutor the NSW Trustee and Guardian

The appeal before the Supreme Court of New South Wales concerns proceedings for the recovery of $65,000, which was transferred from the mother's bank account to her daughter's account while the daughter was serving as the mother's financial manager. The NSW Trustee and Guardian was appointed as the financial manager in 2018 and subsequently commenced proceedings in 2022 to recover the sum plus interest. The daughter did not respond to a Notice to Produce bank records, and the Magistrate gave judgment against her. The primary issue was whether the Magistrate erred in finding that the daughter retained the benefit of the $65,000 to the detriment of her mother. The court held that the Magistrate did not draw inferences from the daughter's failure to produce documents, and there was no error of law in the findings. The appeal on this ground was rejected.

The court also considered whether the Magistrate erred in permitting reliance on a claim for fraud, which was not particularised nor ultimately pursued. The court held that the Magistrate made findings on fraudulent concealment, not fraud or deceit, and there was no unfairness despite the lack of particularisation. The court held that the ground was not made out, and leave to appeal was refused. The court also considered whether the Magistrate erred in finding that the Calderbank offer was a valid basis to award indemnity costs. The court held that the Calderbank offer was a valid offer of compromise and that there was no reason shown for granting leave in respect of this ground. The leave to appeal was refused, and the summons was dismissed.