NSW Caselaw
New South Wales Court of Appeal
CITATION: Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197
HEARING DATE(S): 7 May 2009
JUDGMENT DATE: 10 July 2009
JUDGMENT OF: Hodgson JA at 1; Young JA at 77; Bergin CJ in Eq at 99
DECISION: Appeal dismissed with costs.
CATCHWORDS: SUCCESSION – Testamentary capacity – Testatrix gravely ill in hospital – While in hospital will made changing earlier will – Whether testatrix had testamentary capacity. - PROCEDURE – Role of judge – Lengthy questioning of expert witness by judge – Whether intervention excessive – Whether intervention gave rise to a denial of natural justice. - EVIDENCE – Expert evidence that testatrix suffering from delirium – No opposing expert evidence – Hospital records suggesting conduct of testatrix inconsistent with symptoms of delirium as described by expert – Whether open to judge to reject uncontradicted expert evidence.
LEGISLATION CITED: Uniform Civil Procedure Rules cl 2 of schedule 7
CATEGORY: Principal judgment
Banks v Goodfellow (1870) LR 5 QB 549 Burwood Municipal Council v Harvey (1995) 86 LGERA 389 Jones v Dunkel (1959) 101 CLR 298 Kerr v Badran [2004] NSWSC 735 Mifsud v Campbell (1991) 21 NSWLR 725 CASES CITED: Re the Will of Richard Trudgeon (1882) 3 LR (NSW) (Eq) 22 Reg v Whitby (1957) 74 WN (NSW) 441 R v German (1947) 89 Can CC 90 Strinic v Singh [2009] NSWCA 15 Timbury v Coffee [1941] HCA 22; (1941) 66 CLR 277 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387
TEXTS CITED: Holdsworth, History of English Law vol 15 p 203
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate