Battenberg v Phillips [2020] NSWCA 249

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Battenberg v Phillips [2020] NSWCA 249 Hearing dates: 26 August 2020 Date of orders: 9 October 2020 Decision date: 09 October 2020 Before: Macfarlan JA at [1]; Meagher JA at [2]; Emmett AJA at [3] Decision: Order that: 1. The appeal be dismissed. 2. The appellant pay the costs of the respondents on the ordinary basis. 3. The costs of the respondents on the indemnity basis be paid out of the Estate of Blanch Minnie Condon, except to the extent that the respondents recover costs from the appellant. Catchwords: SUCCESSION — Contested probate — Lack of knowledge and approval — Suspicious circumstances — Actual knowledge — Reading will aloud before execution — Sufficiency of evidence Cases Cited: Re Fenwick [1972] VR 646 Tobin v Ezekiel (2012) 83 NSWLR 757; [2012] NSWCA 285 Category: Principal judgment Parties: Andrew Battenberg (Appellant) Bruce Keith Phillips (First Respondent) Robyn Ruth Price (Second Respondent) Representation: Counsel: D Allen (Appellant) C Harris SC (Respondents)

Solicitors: Russo & Partners Pty Ltd (Appellant) Diamond Conway Lawyers (Respondents) File Number(s): 2020/62409 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Probate List Citation: [2020] NSWSC 19 Date of Decision: 30 January 2020 Before: Henry J File Number(s): 2017/33495