Wild v Meduri & Ors; Meduri & Anor v Neal & Anor; Meduri v Meduri & Ors

[2023] NSWSC 113

Supreme Court of NSW

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Interrogate

Catchwords

1. Civil Procedure
2. › Hearings
3. › Three separate proceedings, each seeking different relief and involving the same estate
4. › Agreement by parties that all proceedings should be heard consecutively, with the evidence in one being evidence in the other
5. › Uniform Civil Procedure Rules 2005 (NSW) r 28.5
6. › Proceedings involve “a common question” and otherwise “desirable to make an order” under the rule
7. › Order that proceedings be heard consecutively
1. Legal Practitioners
2. › Undesirability of solicitor acting for a party when he, or she, is a material witness in proceedings
3. › Question whether risk posed to the administration of justice when solicitor formerly on record is also a witness
4. › Need to protect the administration of justice
1. Succession
2. › Contested probate
3. › Lack of testamentary capacity and lack of knowledge and approval asserted
4. › Suspicious circumstances
5. › Application of the test in Banks v Goodfellow
6. › Consideration of evidence of the solicitor to whom instructions given
7. › No contemporaneous file notes available due to destruction of the Will file after 7 years
1. Evidence
2. › Principles requiring caution when relying on uncorroborated statements said to have been made by deceased person
3. › Father and mother both deceased prior to commencement of proceedings
4. › No contemporaneous or near contemporaneous documents
5. › Credibility of each son’s evidence when events alleged to have taken place many years before claim made
6. › Property held by father and mother as joint tenants and passes to mother by survivorship
7. › Will made by mother devises property to the sons