Gellion v Elder's Trustee & Executor Co Ltd [1919] HCA 30 — BarristerAI

Gellion v Elder's Trustee & Executor Co Ltd

(1919) 26 CLR 292; [1919] HCA 30

High Court of Australia18 June 1919

Ratio Decidendi

Where a will is making provision for the family, it is, so far as the language will allow, to be read in such a manner as to make the provisions for children available at the times when such provisions are usually required by the exigencies of the family.

Quick Take

Practitioners drafting wills with gifts over should ensure consistency between direct gifts and gifts over to avoid the application of the rule of construction favouring inclusion of children.

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Legal Areas

Family Law

Linked Principles

Legal principles extracted from this case

01Where a will is making provision for the family, it is, so far as the language will allow, to be read in such a manner as to make the provisions for children available at the times when such provisions are usually required by the exigencies of the family.
02
03
04

+12 more principles

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Case Details

Citation[1919] HCA 30

Reported(1919) 26 CLR 292

CourtHCA

JurisdictionCommonwealth

Decision Date18 June 1919

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For Australian Law.

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Judgment

Reported

(1919) 26 CLR 292

Subsequent Judicial Consideration1›

Cases that have considered Gellion v Elder's Trustee & Executor Co Ltd

Referred to (1)

Bilous v Mudaliar & 1 Or; Mudaliar v Bilous & 1 Or [2006] NSWCA 38

Judicial Consideration (Chronological)

Bilous v Mudaliar & 1 Or; Mudaliar v Bilous & 1 Or [2006] NSWCA 38Referred to

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it

Where a party seeks to rely upon an estoppel by convention, the party must demonstrate that the common assumption was shared by both parties and that it would be unconscionable to permit departure from it.

Gellion v Elder's Trustee & Executor Co Ltd at [30]

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

Gellion v Elder's Trustee & Executor Co Ltd at [37]