In disputes over whether payments by a deceased person were loans or gifts, the onus lies on the party alleging a loan, following Joaquin v Hall and Heydon v Perpetual Executors in preference to the English position in Seldon v Davidson. The rule in Cherry v Boultbee permits an estate to set off statute-barred debts (including accrued interest) against a beneficiary's entitlement where the relevant limitation statute bars only the remedy and not the right. Where no evidence of market interest rates is tendered, adoption of Schedule J rates is not an appealable error.
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