A determination on the papers does not deny procedural fairness where the critical issue is narrow, there are no material disputes of fact requiring cross-examination, the parties have had extensive opportunity for written submissions, and the competing demands of court resources favour efficient disposal. A codicil provision appointing a substitute executor in the event of disharmony between named executors operates without requiring formal renunciation under a separate evidentiary clause. An indemnity costs order is open where a proceeding is commenced without proper basis in breach of overarching obligations under s 18 of the Civil Procedure Act 2010 (Vic), particularly where the applicant was warned of the consequences.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
4 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.