Anne is an elderly woman living in St Ives. She lives in a large house which was purchased in 1950 with her husband who is now deceased. Her two children, Ben and Carol, grew up there. Her only assets are the house, and a share portfolio that was established by her husband. Anne relies on the income from the shares for her day to day living. That portfolio is held on trust for Anne by a professional trustee, Dale.

In January 2016 Anne's son Ben visited her, telling Anne he was worried about her living on her own. Ben proposed that Anne sell her property in St Ives, and use the proceeds to buy a vacant block of land on which he (Ben) would build a house so Anne, Carol and Ben could live together. Anne thought this was a wonderful idea, as she had been concerned about maintenance of the St Ives house on her own. In June 2016 the St Ives house was sold for $2,800,000. At the same time, Ben purchased a block of land in Ryde for $1,200,000 which was put in his (Ben's) name. Ben's purchase of the Ryde land was wholly funded by Anne, including costs of the purchase such as stamp duty and legal fees. Shortly before the sale and purchase of the respective properties, Ben took Anne to the local branch of Big Bank to open an account in which to deposit the remaining $1,600,000 from the sale of the St Ives property. The account was opened in Ben and Carol's name and was opened especially for the receipt of money from Anne, which would be used for the purpose of building a house on the Ryde land.

Until recently, Anne, Carol and Ben were living in a caravan on the Ryde land. Anne has asked on numerous occasions to see the plans for the proposed house, but her children have refused to discuss the arrangements, and become quite hostile. She has learned that Ben has developed a gambling problem and is in financial difficulties. He owes Big Bank a large amount of money under an overdraft agreement. Last week, after a dreadful argument, Anne left the accommodation in a distressed state and is living with her younger sister. She has asked for the return of her money, but has not received a reply. Advise Anne