Wright v Kennedy; Wright v Dundooga Pastoral Co Pty Ltd; Reynoldson v Wright; Garlick v Kennedy; Glass v Kennedy; Brown v Kennedy; Wright v Kennedy

[2026] NSWSC 834

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › Estoppel
3. › Proprietary estoppel by encouragement — farming family — alleged parental promises of inheritance — whether representations made — reliance and detriment
1. Equity
2. › Trusts and trustees
3. › Constructive trust — alleged failure of joint venture — farming enterprise — whether trust assets held on constructive trust for one participant
1. Restitution
2. › Quantum meruit
3. › Claim for reasonable remuneration for farming services — whether unjust enrichment established — change of position defence
1. Equity
2. › Trusts and trustees
3. › Breach of trust and fiduciary duty — director of trustee company transferring trust assets to own family trust — knowing receipt under first limb of Barnes v Addy

A proprietary estoppel claim based on alleged parental promises of inheritance requires clear proof of the representations relied upon; vague references to 'the land' and the claimant's subjective interpretation of those words may be insufficient to establish the assumed or promised state of affairs, particularly where the claimant's own conduct (accepting a will giving less than the whole) is inconsistent with the alleged promise.
Where a director of a trustee company diverts trust assets and income to a related entity for inadequate consideration and distributes income contrary to the trust deed, this constitutes both breach of trust by the trustee company and breach of fiduciary duty by the director, and the recipient entity may be liable under the first limb of Barnes v Addy.
In determining the burden of family provision orders among residuary beneficiaries under s 65(1)(c) of the Succession Act 2006 (NSW), the court may adjust the burden away from a pro-rata split based on relative contribution to the estate's value, the testator's wishes, and the respective beneficiaries' financial independence and moral claims.