Mrs Burrell was granted access to the kitchen – but not an adjoining toilet – until February 26.Mrs Shelmerdine’s action, filed on January 5, relates to the sale in 2012 of lot 4, 3080 Point Nepean Road, Sorrento by her son Richard Shelmerdine to her daughter, Celia Burrell. According to a statement of claim filed on behalf of Mrs Shelmerdine, her daughter paid her son $3.4 million for the property.However, Mrs Shelmerdine claims the property was part of a joint venture development and subdivision known as The Sisters between herself and her son and lots could not be sold without her consent.As part of the joint venture deal struck in 2008 “the plaintiff acquired an interest or equity in the whole of The Sisters including an interest in or equity in Lot 4,” court documents state.“At all times material Richard was under a fiduciary duty to the Plaintiff inter alia not to sell or otherwise alienate The Sisters or any part thereof without first consulting the Plaintiff and obtaining her consent.“On a date that the Plaintiff is presently unable to specify Richard in breach of the fiduciary duty granted an option to the first Defendant (Burrell) to purchase Lot 4 for the sum of $3.4 million.“The first defendant has since exercised the option …. and has become the registered proprietor of Lot 4.The documents claim the Burrell knew “that the option was granted to her by Richard and that Lot 4 was subsequently sold and conveyed to her by Richard in breach of the fiduciary duty.”Mrs Shelmerdine claims she has an equity or interest in Lot 4 and is asking the court to recognise that.
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