Nicolina Clocchiatti v John Paul Pierobon & Ors; Estate of John Pierobon [2014] NSWSC 488

Supreme Court New South Wales

Medium Neutral Citation: Nicolina Clocchiatti v John Paul Pierobon & Ors; Estate of John Pierobon [2014] NSWSC 488 Hearing dates: 7 and 8 April 2014 Decision date: 08 April 2014 Jurisdiction: Equity Division - Probate List Before: White J Decision: Refer to paras [73] and [92] of judgment Catchwords: WILLS, PROBATE AND ADMINISTRATION - probate - validity of will - whether suspicious circumstances attend the execution of the will - whether the deceased knew and approved the contents of the will - whether grant of probate should instead be ordered for prior will - whether an order should be made under s 6 or s 8 of the Succession Act - whether costs should be paid out of the estate or no order as to costs - probate in solemn form of the will granted to the plaintiff - Succession Act 2006 (NSW) ss 6, 8 Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Fulton v Andrew (1875) LR 7HL 448 In Re Nixon deceased [1916] VLR 274 Fuller v Strum [2002] 2 All ER 87 Nock v Austin (1918) 25 CLR 519 Vernon v Watson [2002] NSWSC 600 at [2]-[9]). Tobin v Ezekiel [2012] NSWCA 285; (2012) 83 NSWLR 757 Plunkett v Bull [1915] HCA 14; (1915) 19 CLR 544 Mitchell v Gard (1863) 3 Sw & Tr 275; 164 ER 1280 Re Hodges; Shorter v Hodges (1988) 14 NSWLR 698 Gray v Hart (No 2) [2012] NSWSC 1562 Texts Cited: Mason and Handler, Succession Law and Practice New South Wales, LexisNexus Butterworths Category: Principal judgment Parties: Nicolina Clocchiatti (Plaintiff) John Paul Pierobon (1st Defendant) Richard Doyne Chadwick (2nd Defendant) Scalabrini Village Limited (3rd Defendant) Representation: Counsel: P Blackburn-Hart SC with D A Allen (Plaintiff) Submitting appearances (1st and 2nd Defendants) B J Burke (3rd Defendant) Solicitors: Mitry Lawyers (Plaintiff) Stockman & Evans (1st Defendant) Coleman Greig (2nd Defendant) Hicksons Lawyers (3rd Defendant) File Number(s): 2012/51116