CASE: Dowling v Irvine [2005] NSWSC 531

When Verdun Irvine died in 1992, he left behind a large farming property in Toogong NSW known as Lowery.

Verdun's wife Enid was granted the right to live on the farm for the rest of her life. She did so, with her son Maxwell, and they continued the farming operations together.

When Enid died in 2002, the farm was supposed to be sold and the proceeds divided between Verdun's three children Maxwell, Elizabeth and Robert.

But that couldn't happen because Maxwell was refusing to leave the farm.

CASE: Irvine v Dowling [2021] NSWSC 119

Almost 30 years after Verdun's death and his children were still in dispute over the farm. Each of them wanted to keep the farm and buy it from their siblings.

They finally executed a written agreement in 2016 that the child who made the highest bid in writing could buy the farm. That was Elizabeth.

However, Maxwell argued that they had verbally agreed to change the written agreement and that Elizabeth had abandoned her bid.

In considering the sad and contentious circumstances of this decade long family feud, Justice Kunc formed the impression that Maxwell Irvine's approach was to reflexively oppose whatever Elizabeth proposed just to delay any sale.

Maxwell had continued to occupy and have full use of the farm since their father's death in 1992.