From www.bartier.com.au: In the case of La Selva v La Selva [2025] NSWSC 78, the Supreme Court of New South Wales ruled that over $1.3 million transferred from an elderly woman to her son was the result of unconscionable conduct, as the woman’s deteriorating health and emotional vulnerability created a “special disadvantage.”
The court found that the son had breached his fiduciary duties and ordered him to repay the amounts to the woman’s estate, emphasising the need for caution in transactions involving vulnerable individuals.
This case highlights the risks of financial exploitation in familial relationships and the importance of legal safeguards.