The Court granted probate in solemn form of a holographic will prepared by a deceased former Supreme Court judge, finding due execution established by attesting witness evidence and an attestation clause, and that no cogent evidence of lack of testamentary capacity or knowledge and approval had been adduced by the opposing party. The Court refused an eleventh-hour adjournment application supported only by an uninformative pro-forma medical certificate that did not identify the condition or explain the nexus between the condition and inability to attend, applying the principle that bald unexplained medical certificates must be rejected. On costs, Hallen J stated that the time has come for courts to overcome reluctance to order indemnity costs against self-represented litigants, particularly where the litigant advances unfocused complaints, puts the other party to significant cost, and has been urged but failed to obtain legal assistance, ordering indemnity costs from the date the defendant should have recognised the hopelessness of his opposition.
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