NSW Caselaw
New South Wales Supreme Court
CITATION : Cahill v Rhodes/Rhodes v Cahill [2002] NSWSC 561 CURRENT JURISDICTION: Equity Division Probate List FILE NUMBER(S) : SC 103878/01; 105651/01 HEARING DATE(S) : 11/06/02-14/06/02 JUDGMENT DATE : 10 July 2002
PARTIES : Robyn Denise Cahill (Plaintiff/Defendant) Lee-Anne Michelle Rhodes (Defendant/Plaintiff) JUDGMENT OF : Campbell J
COUNSEL : J R Wilson; K Sainsbury (for Cahill) R Winfield (for Rhodes) SOLICITORS : Willis & Bowring (for Cahill) Stephen Marks (for Rhodes) CATCHWORDS : SUCCESSION - WILLS PROBATE AND ADMINISTRATION - probate and Letters of Administration - requirement for probate of a lost Will - effect of section 18A Wills, Probate and Administration Act 1898 on those requirements - evidence for probate of lost Will - presumption of destruction with intention of revocation if Will not found on Testator's death - manner of operation of presumption - payment of costs in probate suits LEGISLATION CITED : Evidence Act 1995 (Cth) Wills, Probate and Administration Act 1898 Curley v Duff (1985) 2 NSWLR 716 Finch v Finch (1867) LR 1 PD 371 CASES CITED : Re Estate of Paul Frances Hodges Deceased; Shorter v Hodges (1988) 14 NSWLR 698 Sugden v Lord St Leonards (1876) 1 LR 1 PD 154 Whiteley v Clune (No2); The Estate of Brett Whiteley, Powell J, Supreme Court of NSW, 13 May 1993, unreported DECISION : Deceased died intestate; Grant of Letters of Administration of his intestate estate to Deceased's mother
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION PROBATE LIST
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