FIDUCIARY DUTIES - Agent and principal - son said to be father's agent - son father's agent in sale of father's house - no obligation in circumstances to act in father's best interests in dealing with proceeds of sale - father in fact authorised and consented to payment of proceeds to son - principal consented to agent's actions.
UNCONSCIONABLE DEALING - Relationship of 'special disadvantage' said to arise by father being 'semi conscious' and in hospital subsequent to an operation at time of impugned transaction - no suggestion father lacked mental capacity - contemporaneous arrangement entered into with son illustrates ability to conserve own interests - father not at sufficient disadvantage to constitute 'special disadvantage' - son cannot be said to have taken unfair advantage.
UNDUE INFLUENCE - Proved relationships of influence - no evidence that son exerted dominion, authority or superiority over father - no relationship of presumed influence - no evidence of actual undue influence.
ESTOPPEL AND CONFIRMATION - Father fails to impugn transaction for period of approximately five years prior to his death - equity aids the vigilant not the tardy - father in fact considered his position and decided not to pursue claim - parties conducted affairs on basis of this decision - not fair or right for claim to be maintained.
Case Details
Citation[2011] NSWSC 1203
CourtNSWSC
JurisdictionNew South Wales
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