Wilcox v Chapple

Case [2024] NSWSC 1394


Supreme Court


New South Wales

  • Summary available
  • Amendment notes
Medium Neutral Citation: Wilcox v Chapple [2024] NSWSC 1394
Hearing dates: 12 – 15 August 2024; 29 August 2024
Date of orders: 5 November 2024
Decision date: 05 November 2024
Jurisdiction:Equity
Before: Ward P
Decision:

In both proceedings 2021/59314 and 2023/168649:

1.   Dismiss the proceedings with costs (reserving the question whether there should be an indemnity costs order).

2.   Direct the defendants to file and serve within 14 days any submissions in support of an application for indemnity costs.

3.   Direct the plaintiff to file and serve within 14 days thereafter any submissions opposing any application for indemnity costs.

4.   Direct the defendants to file and serve any brief reply submissions within 7 days of receipt of the plaintiff’s submissions.

5.   Note that any application for indemnity costs will be determined on the papers.

Catchwords:

EQUITY – Trusts – Where plaintiff alleges that rural properties in Walgett are held on express trust for the benefit of himself and the fourth defendant – Where trust established in 1962 over a monetary sum for the benefit of plaintiff’s mother – Whether properties held on same trust – Where plaintiff alleges various conversations regarding the fact of the properties being held on trust – Where plaintiff’s claim fails on its merits – Where plaintiff’s claims have been released – Where plaintiff is estopped by issue estoppel and Anshun estoppel

SUCCESSION – Family provision – Claim by plaintiff for provision from stepfather’s estate – Where plaintiff is not an eligible person – Where no factors warrant the grant of provision – Where lack of provision justifiable in circumstances of estrangement – Where adult stepchild not a natural object of testamentary intention

Legislation Cited:

Civil Procedure Act 2005 (NSW), ss 56, 58, 62, 64

Crimes Act 1900 (NSW), s 135

Equity Act 1880 (NSW)

Evidence Act 1995 (NSW), s 131(1)(a)

Family Law Act 1975 (Cth), ss 114S, 114Q

Jurisdiction of Courts (Cross-Vesting) Act 1987 (NSW)

Limitation Act 1969 (NSW), s 47

New South Wales Act 1823 (4 Geo IV c 96), s 9

Succession Act 2006 (NSW), ss 57, 59, 60, 63, 95, 96, Ch 3

Supreme Court Act 1970 (NSW), ss 22, 75A, 101

Supreme Court of Judicature Act 1873 (36 & 37 Vict c 66)

Trustee Act 1925 (NSW), s 63

Uniform Civil Procedure Rules 2005 (NSW), rr 34.1, Pt 36.15

Cases Cited:

Achurch v The Queen (2014) 253 CLR 141; [2014] HCA 10

Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175; [2009] HCA 27

Armitage v Nurse [1997] EWCA Civ 1279

Barrett Property Group Pty Ltd v Dennis Family Homes Pty Ltd (No 2) [2011] FCA 276

Blair & Perpetual Trustee Co Ltd v Curran (Adam's will) (1939) 62 CLR 464; [1939] HCA 23

Bosch v Perpetual Trustee Company [1938] AC 463

Brimaud v Honeysett Instant Print Pty Ltd (1988) 217 ALR 44

Burnham v City of Mordialloc [1956] VLR 239

Chamberlain v Deputy…

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Wilcox v Chapple [2024] NSWSC 1394
Case
[2024] NSWSC 1394
Decision Date

CaseChat Overview and Summary

In the matter of Wilcox v Chapple, the plaintiff, Wilcox, sought to establish that certain rural properties in Walgett were held on express trust for his benefit and that of the fourth defendant, Chapple. Wilcox contended that these properties were held on the same express trust as a monetary sum established in 1962 for the benefit of his mother. Wilcox alleged that he had engaged in various conversations with Chapple confirming the existence of the trust over the properties. The court was required to determine the validity of Wilcox's claims and whether the properties were indeed held on trust for him and Chapple.

The court examined the basis of Wilcox's claims and found that they failed on their merits. It was established that Wilcox had released any claims he might have had, which precluded him from pursuing the matter further. Additionally, the court found that Wilcox was estopped by both issue estoppel and Anshun estoppel from asserting his current claims. Issue estoppel prevented Wilcox from contradicting the position he had previously taken, while Anshun estoppel precluded him from pursuing a claim that was not raised in earlier proceedings. Consequently, the court ruled that Wilcox's claims were barred.

Given the court's findings, it concluded that the plaintiff's claims were without merit and were further precluded by estoppels. The court dismissed the plaintiff's application in its entirety, finding that the rural properties in question were not held on trust for the plaintiff or Chapple. The court also found that Wilcox was not an eligible person for a family provision claim from his stepfather’s estate and that there were no factors warranting the grant of provision. The lack of provision was considered justifiable in the circumstances of estrangement, and it was determined that an adult stepchild was not a natural object of testamentary intention.

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Background

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Evidence

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Ratio Decidendi

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