DUNN v PERPETUAL TRUSTEE COMPANY LTD

79 VR 254·Finanzio J
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79 VR 254
DUNN v PERPETUAL TRUSTEE COMPANY LTD Supreme Court of VictoriaFinanzio J 25–26 June, 10, 12 November, 16 December 2025[2025] VSC 799Torts — Negligence — Duty of care — Existence — Novel duty — Salient features — Particular property identified as gift for beneficiary under will — Sale of property before testator’s death — Whether attorney acting for testator owed duty of care to beneficiary under will — Content of common law duty of attorney when making decisions on behalf of incapacitated donor — Conflicting or incompatible duties — Inconsistency with relevant legislation — Wills Act 1997 (Vic), ss 21(2), 21B(b) — Powers of Attorney Act 2014 (Vic), ss 21, 63, 116, 121.

E made her final will in 2012, at a time when she owned four properties. The will provided for a gift of a specific property to the plaintiff (her niece). When E died in 2019, her estate consisted principally of three of the properties. The fourth property, being the one bequeathed to the plaintiff in the will, had been sold in 2016 by the defendant in its capacity as E’s attorney to fund E’s care and expenses while she remained alive. All of the proceeds of the sale of the property had been expended on E’s care.

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