Kwon v Tran [2010] NSWSC 1092

New South Wales Supreme Court

CITATION : Kwon v Tran [2010] NSWSC 1092

HEARING DATE(S) : 29 July 2010 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 29 July 2010

DECISION : Leave granted to obtain expert evidence.

CATCHWORDS : PROCEDURE – Supreme Court Procedure – New South Wales – Procedure under Uniform Civil Procedure Rules and other rules of court – whether leave should be granted to allow expert handwriting evidence to be obtained and adduced in respect of an informal will – discretionary consideration – balance of justice and prejudice.

LEGISLATION CITED : (NSW) Succession Act 2006, s 8, s 91 (NSW) Uniform Civil Procedure Rules 2005, r 31.45

CATEGORY : Procedural and other rulings

08/299069: John Kwon (plaintiff) PARTIES : Thanh Long Tran (defendant) 09/290758: Thanh Long Tran (plaintiff) John Kwon (defendant)

FILE NUMBER(S) : SC 08/299069;; 09/290758

COUNSEL : Mr G McGrath (Kwon) Ms J Merkel (Tran)

Staunton & Thompson (Kwon) SOLICITORS : Legal Aid NSW (Tran) J M Lanser (Commonwealth Bank)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Thursday, 29 July 2010

2008/299069 John Kwon v Thanh Long Tran 2009/290758 Thanh Long Tran v John Kwon JUDGMENT (ex tempore) 1 HIS HONOUR: The relevant issue in the substantive proceedings is whether a statutory declaration apparently made by the deceased on 10 September 2005 and apparently before William Tricker JP ought be admitted as an informal will pursuant to (NSW) Succession Act 2006, s 8. The defendant in the probate proceedings (2008/299069), who is the deceased's widower, applies for leave to obtain and adduce the evidence of an expert handwriting witness as to the authenticity of the signature which appears as that of the deceased on the statutory declaration.