Wu v Wu

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.