Recent Cases

McGettigan v Coulter [2022] NSWCA 166 (29 August 2022) (Meagher, Leeming and White JJA)


Catchwords:


SUCCESSION – probate and administration – where primary judge granted letters of administration to respondents in respect of deceased’s 2000 will – where applicant challenged validity of that will and propounded 2016 will – where primary judge found applicant had no standing to challenge 2000 will and rejected substance of his challenge – where primary judge found 2016 will fabricated by applicant – whether evidence sufficient to support primary judge’s conclusions

CIVIL PROCEDURE – application to adduce further evidence in the appeal – where evidence sought to be led could have been obtained with reasonable diligence for use at trial – where no realistic probability that with benefit of evidence there would be different outcome in the proceedings – no “special grounds” established under Supreme Court Act 1970 (NSW) s 75A(8) – application dismissed