Meissner v Lindsay [2016] NSWSC 790

Supreme Court New South Wales

Medium Neutral Citation: Meissner v Lindsay [2016] NSWSC 790 Hearing dates: 1-2 March 2016, 27 April 2016 Date of orders: 20 June 2016 Decision date: 20 June 2016 Jurisdiction: Equity Before: Robb J Decision: (1) Order that the plaintiff's claims in pars 1 to 4 of the summons be dismissed. (2) Order the plaintiff to pay the defendant's costs of the proceedings in relation to the claims referred to in order 1. (3) Direct the parties to deliver to the court and serve on each other any submissions they wish to make as to the basis of the costs order made in order 2 within 14 days. (4) Direct the parties to deliver to the court and serve on each other a statement in writing of their position in relation to the further relief claimed by the plaintiff in the summons and by the defendant in the cross claim, and as to the directions that should be made for the further conduct of the proceedings in relation to that relief within 14 days. (5) Direct that the exhibits and any documents produced on subpoena or notice to produce may be returned forthwith. Catchwords: SUCCESSION – Wills, probate and administration – the making of a will – probate of will made by deceased on 17 December 2008 granted to defendant – plaintiff sought declaration that deceased had made a later valid will on 10 February 2010 – evidence tendered by plaintiff that the deceased made the later will not accepted – plaintiff's claim dismissed – no question of principle

EVIDENCE – cross-examination of witnesses – whether there was failure by defendant's counsel to comply with the rule in Browne v Dunn – defendant disclosed attack on plaintiff's witnesses in written opening – Held plaintiff satisfied the rule Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Browne v Dunn (1894) 6 R 67 Texts Cited: JD Heydon; Cross on Evidence (10 ed) Category: Principal judgment Parties: Ladislaus (Joe) Meissner (plaintiff) Pamela Lindsay (first defendant) Australian Cancer Research (second defendant) Representation: Counsel: M Thompson (plaintiff) K Morrissey (first defendant)