Wardy v Wardy & Ors; Estate of Edmond Wadih Wardy [2013] NSWSC 244

Supreme Court New South Wales

Medium Neutral Citation: Wardy v Wardy & Ors; Estate of Edmond Wadih Wardy [2013] NSWSC 244 Hearing dates: 11-15 February 2013; 18-20 February 2013 Decision date: 22 March 2013 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to paras [83] and [84] of judgment. Catchwords: SUCCESSION - wills, probate and administration - presumption of revocation of will when original cannot be found - application of Briginshaw standard of proof to allegation of destruction of will - non est factum - understanding of effect of document by person signing it Legislation Cited: Succession Act 2006 Probate and Administration Act 1898 NSW Trustee and Guardian Act 2009 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Petelin v Cullen (1975) 132 CLR 355 Ford v Perpetual Trustees Victoria Limited [2009] NSWCA 186; (2009) 75 NSWLR 42 Category: Principal judgment Parties: Hassiba Wardy (Plaintiff; Cross-Defendant on 1st and 2nd Cross-Claims) John Wardy (1st Defendant; Cross-Claimant on 1st Cross-Claim; and 2nd Cross-Defendant on 2nd Cross-Claim) Sammy Wardy (2nd Defendant and Interested Party on 1st Cross-Claim) William Wardy (3rd Defendant; 2nd Cross-Claimant on 1st Cross-Claim; and Cross-Claimant on 2nd Cross-Claim) Linevale Pty Ltd (2nd Cross-Defendant on 1st Cross-Claim) Gordon Salier (Interested Party) Representation: Counsel: L Ellison SC with S Benson (Plaintiff) P Blackburn-Hart SC with D C Price (1st Defendant) JJ Loofs (2nd Defendant) N Confos (3rd Defendant) M W Sneddon (2nd Cross-Defendant on 1st Cross-Claim) A Hill with M Pringle (Interested Party) Solicitors: Ryan Walker Legal (Plaintiff) Bartier Perry (1st Defendant) Teece Hodgson Ward (2nd Defendant) Comino Prassas (3rd Defendant) Lawson Plowes Lawyers (2nd Cross-Defendant on 1st Cross-Claim) Gordon A Salier (Interested Party) File Number(s): 2009/321354