Palmer v Dolman; Dolman v Palmer [2005] NSWCA 361 (12 December 2005)

[2005] NSWCA 361

SUCCESSION – no provision made in estate of deceased for first wife – fraud established on part of deceased at time of property settlement in divorce proceedings with first wife – deceased marrying again – relevance of fraud

SUCCESSION – no provision made in estate of deceased for daughter – Singer v Berghouse two stage approach applied – consideration of ‘the totality of the relationship’ in determination of ‘jurisdictional question’ – relevance of concepts ‘moral duty’ and ‘moral claims’ in determining the ‘jurisdictional question ‘ – effect of estrangement between parent and child – parent’s lack of generosity in providing financial support to child – Gorton v Parks affirmed.

EVIDENCE – standard of proof in civil case where fraud sought to be inferred from circumstantial evidence – Bradshaw v McEwans applied – approach in civil case in the determination as to whether circumstantial evidence leads to the inference of fraud. D

Evidence Act 1995  (NSW), s 140