Smith v Smith

[2017] NSWSC 408

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Fiduciary Duties
2. › Scope of power of attorney
3. › Absence of authority to give gifts or to confer benefits on others
4. › Attorney bound to act in best interests of principal without unauthorised personal benefits
5. › Attorney bound to act within limits of authority as defined by instrument of appointment.
1. Equity
2. › Equitable remedies
3. › Accounts and inquiries
4. › Whether enduring attorney of incapacitated person should be ordered to account to his deceased estate
5. › Whether attorney acting under power of attorney after the principal has become incapable has any, and if so what, obligation to account.
1. Equitable Defences
2. › Laches and acquiescence
3. › Management of incapable person’s estate
4. › Obligation of enduring attorney to account
5. › Failure to apply for management orders to clarify limits of authority
6. › No defence to order for account where attorney fails to confirm own authority and actively delays and dissuades enquiries.
1. Protective Jurisdiction
2. › Law of agency
3. › Enduring power of attorney.