Battle over Bra Boy Cade Dallas' $30m will to be heard in SA Supreme Court
THE widow of Bra Boy surf gang member Cade Dallas has won the first battle in a legal war with her mother-in-law over his $30 million clothing empire.
THE widow of Bra Boy surf gang member Cade Dallas has won the first battle in a legal war with her mother-in-law over his $30 million clothing empire.
The South Australian Supreme Court has dismissed Kerrie Dallas' application that a lawsuit against her, filed by daughter-in-law Veny Amelia, be struck out.
The bitter family stoush will now proceed to trial in Adelaide, and is set to provide insight into the lives and deaths of the infamous Maroubra surf gang - whose unwritten code is "be your brother's keeper".
In March, The Advertiser reported Ms Dallas was being sued by Ms Veny Amelia on behalf of her son, Keanu, both of whom live in Adelaide.
She had first launched her action in the High Court, which remitted the matter to the Supreme Court.
In court papers, Ms Amelia asserts that, prior to his May 2012 death, Cade Dallas lived in Bali and operated a lucrative clothing chain called "Somewhere".
She asserts that business turned over $100,000 a month, generating a $30 million estate upon his passing.
Ms Amerlia says Cade had promised - both verbally and in a handwritten will signed with a smiley face - to fund Keanu's education at an Adelaide private school.
She has accused Ms Dallas of using that will to convince the Denpasar District Court to grant administrative power over the estate - so she can use it to her own ends.
Ms Amelia claims Mrs Dallas is spending the fortune on a lavish Balinese lifestyle, robbing her grandson in the process.
Ms Dallas, however, says the gang member's business collapsed as he indulged in the drugs and alcohol that killed him.
She claims "Somewhere" was insolvent at the time of Cade's death.
Ms Dallas further claims that, under Indonesian law, Keanu cannot obtain his father's estate until he is an adult - and then only in $50,000 increments per year.
In June, Ms Dallas asked Justice Tom Gray to permanently stay Ms Amelia's claim.
She said the "appropriate venue" for any dispute over the estate was "the court in Bali", and argued the Supreme Court lacked jurisdiction to hear the matter.
At the time, Justice Gray dubbed Ms Dallas' attitude "troubling".
He said he could not understand why Ms Dallas had put $155,000 of her son's estate into a Balinese trust account for Keanu, rather than transferring it to an Australian bank.
"We are dealing here with a child, his sustenance and education," he said.
"(Ms Dallas) seems to be taking the view that she can sit on these monies, with her banker, and do nothing until the cows come home.
"I'm having trouble seeing how the interests of the child are being protected by this application of yours."
In his judgment on the stay application, published this week, Justice Gray says many aspects of the claim were in dispute.
He said there remained argument over whether Cade and Ms Amelia were still married at the time of his death, and over the precise value of the estate.
Justice Gray said the court had jurisdiction to hear the case because the High Court had ordered it do so - a longstanding principle of Australian law.
He said Ms Dallas had failed to convince him a Balinese court was best placed to guard Keanu's interests.
"It is a possibility, open on the facts before me, that provision for the child might be best effected by the involvement of this court," he said.
"This is not a case where it is appropriate for a stay of proceeding to be ordered."
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