Clocchiatti v Chadwick [2012] NSWSC 1308

Supreme Court New South Wales

Medium Neutral Citation: Clocchiatti v Chadwick [2012] NSWSC 1308 Hearing dates: 8 October 2012 Decision date: 26 October 2012 Jurisdiction: Equity Division - Probate List Before: Ward J Decision: Declaration that caveat cease to have effect. Directions for the filing of cross-claim by caveator. Catchwords: PROBATE - application pursuant to Pt 78 r 69 Supreme Court Rules 1970 (NSW) that three caveats lodged pursuant to Pt 78 r 61(1) Supreme Court Rules 1970 (NSW) cease to have effect - application by plaintiff who has sought probate of informal will dated 14 November 2011 - caveats lodged by three parties named either as beneficiaries or executors under earlier will - only one caveat remaining in force as at time of application - where that caveator maintains challenge to the validity of the informal will - consideration of whether caveator should be joined as a party and proceedings proceed by way of pleadings - HELD - declaratory relief pursuant to Pt 78 r 69 granted - directions made as to conduct of proceedings Legislation Cited: Succession Act 2006 (NSW) Supreme Court Rules 2005 (NSW) Cases Cited: Azzopardi v Smart (1992) 27 NSWLR 232 D'Apice v Farrell (unreported, NSWSC, 15 May 1992, Powell J) Peterson v Spartalis (unreported NSWSC 7 April 1995, Hodgson J) Texts Cited: N/A Category: Interlocutory applications Parties: Nicolina Clocchiatti (Plaintiff) Richard Doyne Chadwick (Defendant) Representation: Counsel: Mrs M Bridger (Plaintiff) B J Burke (Defendant) Solicitors: Mitry Lawyers (Plaintiff) Coleman Greig (Defendant) File Number(s): 12/051116