Nichol v Nichol [2019] NSWSC 873

Supreme Court New South Wales

Medium Neutral Citation: Nichol v Nichol [2019] NSWSC 873 Hearing dates: 28 June 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Grant leave for the fourth cross-defendant (Jason Nichol), as representative of the estate of the late Edna McKay, to engage an expert handwriting, forensic document analyst (Dr Steven Strach) for the purpose of forensic document analysis of the following documents: a. letter dated 25 July 2014 (Dennis' Declaration), a copy of which is Annexure E to the affidavit affirmed 15 February 2017 of Nathan Nichol; b. letter dated 17 November 2009 (Edward's Declaration), a copy of which is Annexure H to the affidavit affirmed 15 February 2017 of Nathan Nichol; c. letter dated 9 August 2014 (Nathan's Declaration), a copy of which is Annexure F to the affidavit affirmed 15 February 2017 of Nathan Nichol; d. document entitled Beneficiary Agreement dated 17 January 2015 (the Beneficiary Agreement), a copy of which is Annexure P to the affidavit affirmed 15 February 2017 of Nathan Nichol. 2. Direct that the cross-claimant (Nathan Nichol) provide to the solicitors for the fourth cross-defendant within seven days, the originals of the documents referred to in Order 1 for the purpose of the expert analysis to be conducted in accordance with Order 1. 3. Direct that the first plaintiff (Dennis Nichol), if he is able to do so, provide to the solicitors for the fourth cross-defendant within 14 days, for the purpose of the expert's analysis referred to in Order 1, the original affidavit sworn by him on 26 November 2016 in these proceedings and the original of his defence to cross-claim (being the originals of the documents e-filed on 28 June 2017 and 4 July 2016). 4. Direct that the fourth cross-defendant file and serve a report from the expert retained for the purposes of Order 1 on or before 23 August 2019 (or such other date as the Court may allow). 5. Order the cross-claimant (Nathan Nichol) to pay the fourth cross-defendant's costs of the notice of motion filed 15 May 2019, such costs to be assessable forthwith. 6. Dismiss the motion filed 31 May 2019 by the cross-claimant with costs. 7. Stand the matter over for further directions to a date to be fixed. Catchwords: CIVIL PROCEDURE – Evidence – application by cross-defendant seeking leave to adduce expert evidence concerning authenticity and provenance of certain documents