Miller v Jones [1999] NSWCA 467

New South Wales Court of Appeal CITATION : Miller v Jones [1999] NSWCA 467 FILE NUMBER(S) : CA 40645/96 HEARING DATE(S) : 02/12/99 JUDGMENT DATE : 17 December 1999

Damon Charles Miller PARTIES : Charles Harold Miller Jeanette Marilyn Jones Eva Emma May Jones JUDGMENT OF : Meagher JA at 1; Beazley JA at 2; Fitzgerald JA at 36

LOWER COURT JURISDICTION : Supreme Court LOWER COURT FILE NUMBER(S) : 116913/95 LOWER COURT JUDICIAL OFFICER : Brownie J

COUNSEL : Appellant: C A Vindin Respondent: M S Willmot SOLICITORS : Appellant: Carroll & Knudsen Respondent: Packer & Austin CATCHWORDS : Will; Document purporting to be Will; Admission of fresh evidence; Undue influence ACTS CITED : Wills Probate and Administration Act 1898 (NSW) CASES CITED: Nock v Austin (1918) 25 CLR 519 Hall v Hall (1868) LR 1 P & D 481 DECISION : Appeal dismissed with costs

THE SUPREME COURT

OF NEW SOUTH WALES

COURT OF APPEAL

CA 40645/96 PD 116913/95

MEAGHER JA BEAZLEY JA FITZGERALD JA

Friday, 17 December 1999

CHARLES HAROLD MILLER & ANOR v JEANETTE MARILYN JONES & ANOR

FACTS

A dispute arose between the executors/beneficiaries appointed or named under a Will dated 3 June 1994 and those under a document dated 1 July 1994. The trial judge found that the latter document was a forgery, the propounders of which have appealed and seek to have it recognised as an informal Will under the Wills, Probate and Administration Act 1898 (NSW).

The appellants also sought leave to adduce fresh evidence as a ground for a new trial. The appellants' witness appeared before the Court and was cross-examined.