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Turner v O'Bryan-Turner [2021] NSWSC 5 — Fiduciary Duties & Vitiating Factors — Barrister AI

Turner v O'Bryan-Turner

[2021] NSWSC 5

Supreme Court of NSW

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Interrogate

Catchwords

1. Equity
2. › Fiduciary duties
3. › Breach
4. › Rule in Barnes v Addy
5. › Knowledge requirements
6. › Where mother acted in breach of fiduciary duty
7. › Receipts and assistance by children
1. Equity
2. › Vitiating factors
3. › Undue influence
4. › Unconscionable dealing
5. › Where transactions undertaken by son
6. › Mental incapacity of father
1. Agency
2. › Power of attorney
3. › Effectiveness of
4. › As part of transaction
5. › Where transactions unauthorised by power
6. › Spouse acting as enduring attorney

Case Details

Citation[2021] NSWSC 5

CourtNSWSC

JurisdictionNew South Wales

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The full text is available to signed-in members, including the 15 later cases that cite this judgment.

1 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.

Cited by15

2026Howell v KellyNSWSC 400
2025Beth (a pseudonym)NSWCATGD 19
2024Mitchell v GibbinsNSWSC 1524
2024Rydzewski v RydzewskiNSWSC 802
and 11 more after sign-in

Relies on69

2019Turner v O'Bryan-TurnerNSWSC 258
2018National Australia Bank Limited v RoweWASC 330
2018Ancient Order of Foresters in Victoria Friendly Society Limited v Lifeplan Australia Friendly Society LimitedHCA 43
2018Owen John Turner by his tutor Nicholas John Turner and Others v Wendy Joan O'Bryan Tuner and OthersNSWSC 1140
and 65 more after sign-in

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