› action by residuary beneficiary on behalf of estate for the recovery of monies claimed to be owed to an estate
› executors unwilling to bring action
› deceased worked in a bridal couturier business for approximately 25 years before her death.
Gifts
› two and a half years before she died, the deceased wrote a cheque in favour of her son-in-law for approximately $1.2 million
› whether the deceased gifted the cheque monies to her son-in-law and daughter, or whether the cheque monies were a loan to them from the deceased.
EMPLOYMENT - beneficiaries claim the deceased was entitled under the Long Service Leave Act 1955 to long service leave in respect of her employment with a corporate entity controlling this business in which entity she held a substantial shareholding interest - whether the deceased was a ‘worker” within the Act
› whether the deceased worked continuously for the corporate entity
› whether the deceased was entitled to long service leave.
Restitution
› the deceased requests her son-in-law to pay $15,000 to her son on account of the son’s then anticipated medical expenses
› whether the sum of $15,000 is recoverable by the son in restitution from the deceased’s estate.
Case Details
Citation[2016] NSWSC 395
CourtNSWSC
JurisdictionNew South Wales
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