Refalo v Gatt [2021] NSWSC 926

Supreme Court New South Wales

Medium Neutral Citation: Refalo v Gatt [2021] NSWSC 926 Hearing dates: 22 July 2021 Decision date: 28 July 2021 Jurisdiction: Equity Before: Robb J Decision: See pars [76]-[80]. The plaintiffs are entitled to declaratory relief that they have validly exercised the testamentary option to acquire Edgewood Park. The Court requires the parties to consider these reasons and submit draft short minutes of order to the Associate to Robb J. Catchwords: SUCCESSION — Construction — General principles — Structure and scheme of will — Whether a provision of the will provided the plaintiffs with a testamentary option with respect to the disposition of property — Whether the plaintiffs validly exercised that testamentary option — Where the defendants contended for an alternative construction of the will which did not create a testamentary option — Where the Court found that there was a testamentary option and that the plaintiffs validly exercised it — Where the Court found that the construction for which the defendants contended would undermine the scheme intended by the testators Cases Cited: Allgood v Blake (1873) LR 8 Ex 160 Fairbairn v Varvaressos (2010) 78 NSWLR 577; [2010] NSWCA 234 O'Neill v O'Connell (1946) 72 CLR 101 Category: Principal judgment Parties: Joseph Refalo (first plaintiff) Sonia Margaret Attard (second plaintiff) Joyce Doris Bugeja (third plaintiff) Elizabeth Josephine Gatt (first defendant) Mary Sultana (second defendant) Kitty Cassar (third defendant) Frances Chircop (fourth defendant) Representation: Counsel: M Meek SC and P J Muscat (first to third plaintiffs) J Needham SC and T Catanzariti (first to fourth defendants)