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Key decisions

  • Daley v Donaldson [2021] NSWSC 1507
  • Semitecolos v Semitecolos [2021] NSWSC 1508
  • Hill v Zuda Pty Ltd [2021] WASCA 59
  • Wardle v Wardle [2021] NSWSC 1529
  • Wardle v Wardle (No 2) [2021] NSWSC 1663

Mistaken eligibility deprives compromise of validity

Glenn Daley was given $5,000 in the will of John Richardson. Daley brought an application for further family provision from the estate. Agreement was reached at a mediation for further provision for Daley. Thereafter, it was discovered that Daley wasn’t an eligible person in relation to Richardson’s estate as he had been adopted out by Richardson. The Court in Daley v Donaldson [2021] NSWSC 1507 (Hallen J) decided ‘there was no settlement or compromise because of the mistake or misapprehension in relation to [Daley’s] status as an eligible person. Both parties were mistaken about a fundamental matter underlying the settlement or compromise… a fact that went to the root of the settlement or compromise’ (at [92]).

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