Darrington v Caldbeck

Supreme Court of NSW|2024-04-26|Before: Slattery J

Judgment

Nelly Aston died on 22 December 2015 leaving an estate of approximately $600,000. Seven and a half years later, after contests in relation to her estate's accounts, her descendants are still fighting about the net value of her assets. The Court offered in the Probate Motions List to resolve the merits of the transaction, on a final basis, to accelerate the completion of the administration of this estate.
The first point at issue is whether an amount advanced by Nelly Aston to her grandson, Riley Aston, before she died were a gift or a loan. Riley Aston paid other monies, the sum of $275,000, to Nelly Aston shortly afterwards. Riley Aston died some years later. Thus, a related question at issue is whether Nelly Aston's estate owes that sum of $275,000 to Riley's estate.
The issue was efficiently argued by the legal representatives of the parties in written submissions and in oral submissions on 26 April 2024. Ms T Fishburn of counsel, instructed by Gokani & Associates Legal, appeared on behalf of the respondent, Mr Ric Aston, Riley Aston's executor. Ms I Hoskinson of counsel, instructed by Trivett Keating Solicitors, appeared on behalf of the applicant, Ms Anne Krelle (nee Aston).
The parties to these proceedings are all members of the Aston family and referred to one another by their first names. Without intending any disrespect to any person, the Court will adopt the same convention as the parties.

Conclusions and Orders

The cost consequences of this are not yet clear. The parties will be given an opportunity to argue about costs so that this long-running estate dispute can be ended.
These reasons the Court will make orders and a declaration to the following effect: 1. DECLARE that the estate of the late Nelly Aston owes the sum of $275,000 to the estate of Riley Aston by reason of terms of the loan agreement made between Nelly Aston and Riley Aston dated 30 July 2015. 2. DIRECT the parties to put arguments about costs orally as soon as convenient consequent upon these reasons.

Amendments 04 July 2024 - Typographical errors amended at [5], [9], [14], [24] and [42]. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 04 July 2024

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