Powell v Powell & Anor

[2002] WASC 105

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Equity
2. › Undue Influence
3. › Presumed undue influence
4. › Parent and child relationship
5. › Whether adult child emancipated from parental control and authority
6. › Whether presumption of influence displaced
1. Equity
2. › Undue Influence
3. › Actual undue influence
4. › Whether transaction obtained by exercise of influence over mind of claimant
5. › Whether transaction independent and voluntary act
1. Equity
2. › Unconscionable Conduct
3. › Special disadvantage
4. › Whether illness, injury, lack of education or alcohol abuse constituted special disability
5. › Whether absence of reasonable degree of equality between parties
6. › Whether stronger party took unconscientious advantage
1. Equity
2. › Undue Influence
3. › Manifest disadvantage
4. › Whether claimant must prove transaction manifestly disadvantageous before presumption arises
5. › Whether improvidence of transaction established on evidence

Quick Take

An adult child aged nearly 41 who had been independently employed, married three times, and not lived with the parent on a continuing basis since age 22 was held to be emancipated from parental control, displacing the presumption of influence. A sale at approximately half market value was not shown to be improvident where the purchaser granted the vendor a lifetime licence to reside at the property, and the court held that actuarial evidence would be required to assess the overall value of the transaction. The plaintiff's impaired condition at trial (14 years after the transaction) was not accepted as evidence of his condition at the time of the transaction, where the impairment was attributable to intervening medication and alcohol use.