- Lindsay v Arnison  NSWSC 41
- Downie v Langham  NSWSC 113
- Rhodes v Rhodes  QSC 21
- Spata v Tumino; Estate of Gina Spata  NSWSC 111
- McCooe as Administrator of the Estate of Michael Lawrence Molloy v Pande  NSWSC 219
- Estate Stojic, Deceased  NSWSC 168
- Zizzo v Faulks  NSWSC 114
- Re Kumar  VSC 81
- Russell v Lee  WASC 57
- Winn v Harding  NSWSC 239
Fiduciary obligations of an informally appointed agent
Lindsay v Arnison  NSWSC 41 concerned an application for accounting by one of the deceased’s daughters against her sister and brother-in-law for their dealing with the mother’s property. The bank records disclosed expenditure for the benefit of the sister’s family, and not for the benefit of the mother (at ).
The Court inferred that the mother had made the defendants her agent for the purpose of operating her bank accounts. Accordingly, they were subject to a fiduciary duty to act in accordance with the mother’s instructions and to not engage in transactions on the mother’s accounts for her own interests, or the interests of her family, rather than the interests of the mother, except with the freely given and fully informed consent of the mother (at –).
The upshot was that the plaintiff was entitled to much more accurate, and independently verified accounting in relation to her mother’s affairs. However, as no-one had obtained a grant of representation for the mother’s estate, there were procedural matters that needed attention before the proceedings could be resolved by final orders.