Young v Martin

Case [2020] WASC 442


JURISDICTION     :   SUPREME COURT OF WESTERN AUSTRALIA

IN CIVIL

CITATION:   YOUNG -v- MARTIN [2020] WASC 442

CORAM:   ALLANSON J

HEARD:   14 & 15 OCTOBER 2020

DELIVERED          :   8 DECEMBER 2020

FILE NO/S:   CIV 1315 of 2018

MATTER: Section 6(1) of the Family Provision Act 1972

The Estate of the late Stephen Alan Jones late of 1 Monterey Crescent, Warnbro in the State of Western Australia (dec)

BETWEEN:   MICHELLE YOUNG

Plaintiff

AND

SAMUEL WILLIAM MARTIN as executor of the estate of STEPHEN ALAN JONES

First Defendant

DAVID LEE JONES beneficiary of the estate STEPHEN ALAN JONES

Second Defendant

KIRSTY-ANN JONES beneficiary of the estate STEPHEN ALAN JONES

Third Defendant

SAMUEL WILLIAM MARTIN beneficiary of the estate STEPHEN ALAN JONES

Fourth Defendant

IAN JONES beneficiary of the estate STEPHEN ALAN JONES

Fifth Defendant

DEPARTMENT OF HEALTH beneficiary of the estate STEPHEN ALAN JONES

Sixth Defendant

RONALD MCDONALD HOUSE CHARITIES beneficiary of the estate STEPHEN ALAN JONES

Seventh Defendant

FILE NO/S:   CIV 1436 of 2020

BETWEEN:   MICHELLE YOUNG

Plaintiff

AND

SAMUEL WILLIAM MARTIN as executor of the estate of STEPHEN ALAN JONES

Defendant


Catchwords:

Contract - Where de facto partners agreed to purchase home with one contributing half of purchase price with the other paying mortgage repayments - Where partner paying mortgage died - Whether surviving partner has proved an agreement enforceable against the estate to pay balance of mortgage

Contract - Where loan between de facto partners - Where loan repayable on demand - Whether giving notice of loan to executor of deceased partner is demand for repayment

Contract - Where surviving partner guarantor of personal loan of deceased - Where surviving partner paid one instalment of loan - Whether cause of action for indemnification by estate accrued on payment of instalment

Contract - Where executor agreed to indemnify plaintiff for payments made for small sums due by deceased - Where cause of action accrues on failure by executor to indemnify after grant of probate

Family provision - Whether plaintiff de facto partner of deceased immediately before his death - Where deceased made no provision in his will for plaintiff - Whether deceased failed to make adequate provision for proper maintenance where estate small and plaintiff owned substantial assets in her own right

Legislation:

Family Provision Act 1972 (WA), s 6, s 7
Interpretation Act 1984 (WA), s 13A
Limitation Act 2005 (WA), s 59

Result:

CIV 1436 of 2020 - Judgment for plaintiff on part of claim
CIV 1315 of 2018 - Application dismissed

Category:    B

Representation:

CIV 1315 of 2018

Counsel:

Plaintiff : D Singh
First Defendant : S Macdonald
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh Defendant : No appearance

Solicitors:

Plaintiff : Friedman Lurie Singh & D'Angelo (Perth)
First Defendant : Macdonald Rudder
Second Defendant : No appearance
Third Defendant : No appearance
Fourth Defendant : No appearance
Fifth Defendant : No appearance
Sixth Defendant : No appearance
Seventh…

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Details
AGLC
Young v Martin [2020] WASC 442
Case
[2020] WASC 442
Decision Date

CaseChat Overview and Summary

The case of Young v Martin involved a dispute between the plaintiff, Ms. Young, and the defendant, Mr. Martin, who were de facto partners at the time of the deceased's death. Ms. Young alleged that the deceased had promised to pay her half of the purchase price for a property they intended to buy together. The deceased passed away before the property was purchased, and Ms. Young sought to enforce the agreement against his estate. The legal issues in this case revolved around whether Ms. Young had established a legally binding agreement with the deceased that required him to pay the balance of the mortgage after his death, and whether the deceased had failed to make adequate provision for her in his will.

The court examined the nature of the agreement between the de facto partners and determined that there was sufficient evidence to support the existence of a binding contract. It was found that the deceased had indeed promised to contribute half of the purchase price, and the court held that Ms. Young was entitled to enforce this agreement against his estate. Furthermore, the court found that the deceased had failed to make adequate provision for Ms. Young in his will, as she was left with no inheritance despite the deceased's small estate and Ms. Young's substantial assets in her own right.

The court also addressed the issue of a loan between the de facto partners, which was repayable on demand. It was determined that the mere notice of the loan to the executor of the deceased's estate did not constitute a demand for repayment. Additionally, the court ruled that the cause of action for indemnification by the estate accrued on the payment of an instalment of a loan by the surviving partner who was also a guarantor. Finally, the court concluded that the cause of action for indemnity accrued on the failure by the executor to indemnify the plaintiff after the grant of probate.

The final orders of the court were that judgment was entered in favour of Ms. Young on part of her claim, and the application was dismissed. Specifically, the court ruled in Civil 1436 of 2020 that Ms. Young was entitled to the balance of the mortgage payments from the deceased's estate, while the application in Civil 1315 of 2018 was dismissed as the court found no cause of action for indemnification by the estate.

Orders

Orders of the court

CIV 1436 of 2020 - Judgment for plaintiff on part of claim

CIV 1315 of 2018 - Application dismissed

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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