CASE: Wallis v Rudek [2020] NSWSC 162; Wallis v Rudek (No 2) [2020] NSWSC 215

Yuri & Olga Wallis were in financial crisis. They were about to lose their house in Pennant Hills, Sydney.

The property was worth $950,000 but they owed $840,000 to the bank and they were unable to pay the mortgage.

They asked their daughter Suzanne to buy them out on the agreement that Suzanne and her family would live in the upstairs dwelling and they would live in the downstairs dwelling.

Suzanne stepped up to help. But Yuri was not a good neighbour. He prevented much needed repairs to the property, he invaded the upstairs space, and he verbally abused Suzanne's husband and children.

When Suzanne tried to evict them, her parents refused to leave.

CASE: Fiorenza v Fiorenza [2024] NSWSC 549

This case involves a dispute between Irene Fiorenza and her son Matthew Fiorenza over ownership of the property at 69 Amherst Street, Cammeray.

Irene had inherited the property from her late mother in 2016 and had let her son Matthew and his family live there rent-free. In 2018, she transferred a 10% interest in the property to Matthew.

In 2023, Irene asked Matthew to either begin paying rent or to leave the property. Instead, Matthew claimed that his mother had promised to give him the Cammeray property and made an application for the Court to transfer the property to him.

CASE: Rydzewski v Rydzewski [2024] NSWSC 802

Maria Rydzewski had 4 children: Kevin, Barbara, Danuta and Stan.

In July 2016, Danuta died and Maria (who was 91 years old at the time) was deeply affected by her daughter's death.

There became a rift in the family due to a dispute as to whether Stan had caused his mother to miss Danuta's funeral.

A year later, Maria transfers two properties to her daughter-in-law Jenny and one property to her granddaughter Krystina. The reason for the transfers? In gratitude for the care they provided her AND to prevent Stan from inheriting any share of the properties.

The transfers were done by a solicitor, Mr Ireland. Because Maria could not speak English, all of the instructions came from her translator, her daughter-in-law Jenny.

This case raised many questions, some that remained unanswered.

Did Stan cause his mother to miss Danuta's funeral?

Did Maria have capacity in 2017 when she transferred the properties?

Did she transfer the properties under influence or unconscionable conduct on the part of Jenny and Krystina?

Did Maria get adequate legal advice from her solicitor?

The answers to those questions would determine whether the property transfers would be voided.