Wu v Wu

Case [2024] ACTCA 8


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

COURT OF APPEAL

Case Title:

Wu v Wu

Citation: 

[2024] ACTCA 8

Hearing Date: 

21 August 2023

Submissions last received:

7 July 2024

Decision Date: 

12 July 2024

Before:

Mossop, Baker, McWilliam JJ

Decision: 

1.    Within 7 days of these orders being made, the parties are to provide agreed or competing short minutes of order giving effect to these reasons, including proposed orders for the further conduct of the proceedings, dealing with the question of remittal or final disposition. 

Catchwords: 

APPEAL – EQUITY – Undue influence – unconscionable conduct – laches – gift of family home to daughter – whether error in assessment of relationship of ascendancy – whether error in analysis of special disadvantage – whether error in principles concerning delay in seeking relief

Legislation Cited: 

Supreme Court Act 1933 (ACT) ss 37N, 37O

Cases Cited: 

Aboody v Ryan [2012] NSWCA 395

Allcard v Skinner (1887) 36 Ch D 145

Bank of Montreal v Stuart [1911] AC 120

Bank of New South Wales v Rogers (1941) 65 CLR 42

Barbaro v Millington [2007] ACTCA 1

Barron v Willis [1900] 2 Ch 121

Billage v Southee (1852) 68 ER 623

Bridgeman v Green (1757) 97 ER 22

Bridgewater v Leahy [1998] HCA 66; 194 CLR 457

Commercial Bank of Australia Ltd v Amadio (1983) 151 CLR 447

Fox v Percy [2003] HCA 22; 214 CLR 118

Garcia v National Australia Bank Ltd (1998) 194 CLR 395

GJ v AS (No 4) [2017] ACTCA 7 

Goldsworthy v Brickell [1987] Ch 378

Harris v Jenkins (1922) 31 CLR 341

Haskew v Equity Trustees, Executors and Agency Co. Ltd (1919) 27 CLR 231

Hsia v Fazarri [2020] HCA 35; 270 CLR 588

Huguenin v Baseley (1807) 33 ER 526

Jenyns v Public Curator (Qld) (1953) 90 CLR 113

Johnson v Buttress (1936) 56 CLR 113

Lamotte v Lamotte (1942) 42 SR (NSW) 99

Lindsay Petroleum Company v Hurd (1873-74) LR 5 PC 221

Nedby v Nedby (1852) 5 De G. & Sm. 377

Nowell v Palmer (1993) 32 NSWLR 574

Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 

Poosathurai v Kanappa Chettiar (1919) LR 47 IA 1

Quek v Beggs (1990) 5 BPR [97405]

Rhodes v Bate [1866] LR 1 Ch App 252

Saintclaire & Saintclaire [2015] FamCAFC 245

Schwanke v Alexakis; Camilleri v Alexakis [2024] NSWCA 118

Shephard v Galea [2020] WASCA 152

Stubbings v Jams 2 Pty Ltd [2022] HCA 6; 96 ALJR 271

Thorne v Kennedy [2017] HCA 49; 263 CLR 85

Tulloch (deceased) v Braybon (No 2) [2010] NSWSC 650

Watkins v Coombes (1922) 30 CLR 180

Wu v Wu [2022] ACTSC 360

Yerkey v Jones (1939) 63 CLR 64

Texts Cited:

Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies (LexisNexis Butterworths, 5th ed, 2015)

R Bigwood, “The Undue Influence of ‘Non-Australian’ Undue Influence Law on Australian Undue Influence Law: Farewell Johnson v Buttress? Part II” (2019) 35 Journal of Contract Law

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AGLC
Wu v Wu [2024] ACTCA 8
Case
[2024] ACTCA 8
Decision Date

CaseChat Overview and Summary

The appeal concerned a dispute between a mother, the appellant, and her daughter, the respondent, regarding the gift of the family home. The mother sought to set aside the gift, alleging undue influence and unconscionable conduct on the part of her daughter. The primary judge had dismissed the mother's claim.

The Court of Appeal was required to determine whether the primary judge had erred in assessing the relationship between the parties, specifically concerning any ascendancy of the daughter over the mother, and whether the primary judge had correctly analysed the concept of special disadvantage in the context of the mother's circumstances. Furthermore, the court had to consider whether the principles of laches, or delay in seeking relief, had been correctly applied.

The Court of Appeal found that the primary judge had made errors in assessing the relationship of ascendancy and in the analysis of special disadvantage. The court determined that the mother had established a relationship where she was subject to the influence of her daughter, and that the daughter had exercised undue influence in procuring the gift of the family home. The court also found that the primary judge had erred in applying the doctrine of laches, as the delay in commencing proceedings was not so significant as to bar the mother's claim.

The Court of Appeal allowed the appeal and ordered that within seven days of the orders being made, the parties were to provide agreed or competing short minutes of order giving effect to the reasons, including proposed orders for the further conduct of the proceedings, dealing with the question of remittal or final disposition.

Orders

Orders of the court

1. Within 7 days of these orders being made, the parties are to provide agreed or competing short minutes of order giving effect to these reasons, including proposed orders for the further conduct of the proceedings, dealing with the question of remittal or final disposition.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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