A woman who left her teaching career, reduced her involvement in a successful gymnastics business and worked without pay at her family’s newsagency has lost a bitter court fight over a multi-million-dollar Sydney waterfront home she says was promised to her. Jessie Sellar also cared for her terminally ill mother and unwell father, while spending thousands of dollars on the family property.
Ms Sellar, 39, had sought a 50 per cent stake in her late father Allan Sellar’s sought-after Gymea Bay waterfront property. She argued that repeated assurances from both parents meant she was entitled to half of the home.
But NSW Supreme Court Justice Francois Kunc ruled that the alleged promises could not be legally enforced. He awarded Ms Sellar $128,700 for mortgage payments and other property contributions, an amount conceded by the other beneficiaries.
Justice Kunc also ordered her to pay the legal costs of her stepsiblings, Darren and Paula.
The judge nevertheless acknowledged that Ms Sellar had made “life-changing decisions in the interests of her parents” and accepted that many of the conversations on which she relied had taken place.
“The Court is actually satisfied on the balance of probabilities that the words which she says were spoken to her … were in fact said.”
Jessie Sellar (pictured) sought a 50 per cent share of her late father Allan Sellar’s prized Gymea Bay waterfront property, arguing repeated assurances from her parents entitled her to half
Darren Sellar is pictured with late father, Allan Sellar
During the four-day NSW Supreme Court trial, Ms Sellar said she became more involved in the family newsagency, helped support the household and cared for her parents after hearing statements such as: “You will always have this house”, “This house will be yours when we are gone” and “I will give you your mother’s half of the house”.
She argued those assurances gave her a 50 per cent interest in the estate.
Her mother, Tracey Sellar, died from cancer in 2015 at the age of 54 and her father Allan Sellar died three years later after a stroke, leaving behind a multi-million-dollar waterfront property at Gymea Bay comprising a family home, granny flat, boatshed and cottage spread across two adjoining lots.
However, Justice Kunc found Jessie knew by late 2015 her parents had signed mutual wills that effectively prevented her father from changing how the property would be divided without her mother’s consent.
Their mutual wills made in 1990 left their estates to the survivor of the other, or in default to Allan’s children from his first marriage, Paula and Darren, and then Jessie in equal shares.
However, when Tracey unexpectedly died at just 54, Allan never changed his will.
The multi-million-dollar waterfront property at Gymea Bay comprises a family home, granny flat, boatshed and cottage spread across two adjoining lots
He also found Allan Sellar had opposed his late wife’s wish to leave their daughter a greater share of the estate. The mother never thought she would die before her husband who was 80 when he died.
Jessie told the court in 2009 her parents asked her to abandon her teaching career and take a more active role in the family’s newsagency so her mother could care for her father, who had Parkinson’s disease and required daily treatment for prostate cancer.
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According to Jessie, her mother told her while sitting at the family home’s dining table with Allan present: ‘We can work together for many years to come. You will always have this house. I can live in the granny flat. You will get most of this property when your father goes.’
Several years later, while urging her daughter to continue working in the family business, Tracey allegedly said: ‘We have to keep the newsagency. You will need to keep working in it. The newsagency is paying all the bills for this house and all our medical expenses. It will be worth it. This house will be yours when we are gone.’
After being diagnosed with stage 4 lung cancer in 2015, Tracey allegedly told Jessie, in Allan’s presence: ‘Jessie, I can’t keep working in the newsagency. You need to keep the newsagency going. I am going to transfer my shares to you so you can keep running it. You will be the sole shareholder of the business so you can keep running it. It will be enough to maintain the house and your father won’t need to move.’
Jessie also alleged that around the same time Tracey told Allan, with their daughter present: ‘I have worked hard for this house. I want my half of this house to go to Jessie.’
Allan allegedly replied: ‘OK Wal.’
Jessie alleged that after a visit to his solicitor, her father said, ‘I have followed your mother’s wishes. I gave you half of the estate and the remaining half is to be shared between you, Darren and Paula.’
Justice Kunc later found Allan had not been telling the truth.
An aerial shot shows Gymea Bay, where the waterfront property is located
The following year, Jessie claimed her father told her, ‘Jessie, you can’t leave me here on my own, I don’t want to go to a nursing home… You know you will own most of this house when I am gone.’
Jessie also relied on evidence from family friend Julieanne Lowe, who worked at the newsagency between 2005 and 2014.
Ms Lowe told the court that after Tracey’s cancer diagnosis in late 2015, Tracey said: ‘I plan to give my assets entirely to Jessie. I am frustrated that we have never updated our wills, but I always thought Allan would die first.’
The judge accepted Ms Lowe asked Jessie if she wanted to work at the newsagency long-term, to which Jessie replied, ‘I don’t feel like I have a choice. I have closed all my businesses so I could help in the newsagency’.
Jessie is a qualified international gymnastics judge who had previously closed her own business, L’Elfin Gymnastics, which had four locations as well as a cheerleading academy to support the newsagency.
Jessie also sought more than $666,000 in compensation for unpaid work in the family newsagency.
Justice Kunc rejected the claim, finding she had ultimately been given ownership of the business in return for years spent supporting her parents and helping run it.
In the end, the only part of her case that succeeded was a claim for $128,700 relating to mortgage and property expenses she had personally paid.
