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Dianne died in March 2019. In her validly executed will, Dianne left her house in Newcastle to Frank for life with a remainder to Deborah. At the time of Dianne’s death, Deborah was an undischarged bankrupt. In July 2021, even though not all her creditors had been fully repaid the amounts owing to them, Deborah was discharged from her bankruptcy. Two months ago, the administration of Dianne’s estate was finalised. Last week, Frank died leaving his whole estate to Mary.
Deborah seeks your advice as to who is entitled to the remainder interest in the Newcastle property.
In 2010, Benjamin and Harriet married. In 2011, they rented, from Meredith, a two- hectare property in Jindabyne with a house on it. In 2013, Benjamin and Meredith commenced a long-term sexual relationship. In 2017, Benjamin and Harriet were divorced. At the time of the divorce proceedings, Meredith suggested that Benjamin should not worry about getting a property settlement with Harriet as she would subdivide the Jindabyne property into two lots and give him the lot with the house on it. Benjamin took up Meredith’s suggestion. Following the conclusion of the divorce proceedings, Benjamin moved in with Meredith into rented premises in Cooma.
In early 2021, following the opening of the Grand Cooma Casino, Meredith started to gamble heavily. By the end of that year, the extent of her gambling led to problems in her relationship with Benjamin, which eventually led to a bitter end to their relationship in July 2022.
In early November 2022, Benjamin emailed Meredith and asked when she was going to sub-divide the Jindabyne property. In her email back to Benjamin, Meredith wrote:
You can go to hell! You’re not getting anything from me you scrounging bastard! I’d rather sell the property and blow the money away at the Grand Cooma Casino than see your grubby little hands on any of my property.
Two days ago, Benjamin discovered that Meredith had sold the Jindabyne property and banked the sale proceeds of $950,000 into her bank account with High Country Banking Corporation.
Benjamin seeks your advice as to the following:
- What right or claim, if any, he has against Meredith? (30 marks)
- What would be the appropriate remedies and/or orders he should seek in relation to the enforcement of any such right or claim? (30 marks)
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