Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563

Supreme Court New South Wales

Medium Neutral Citation: Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563 Hearing dates: 11 May 2020 Date of orders: 11 May 2020 Decision date: 11 May 2020 Jurisdiction: Equity Before: White J Decision: Refer to paras [45], [46] and [48]. Catchwords: CIVIL PROCEDURE – settlement of proceedings – enforcement of settlement – whether binding agreement to settle the proceedings was formed – whether Court should exercise its discretion not to enforce a settlement – whether legal representative was acting under a mistake, or misapprehension as to her authority

SUCCESSION – Probate and administration – Entitlement to grant of Probate – Contested proceedings – whether grant of Probate in solemn form be made – where parties reached agreement not to further contest an application to obtain a grant of Probate in solemn form - grant of Probate a public act not made as a matter of course – where balance of evidence supports the validity of the Will Legislation Cited: Civil Procedure Act 2005 (NSW), s 73 Cases Cited: Estate of Kouvakas; Lucas v Konakas [2014] NSWSC 786 Harvey v Phillips (1956) 95 CLR 235 Hickman v Berens (1895) 2 Ch 638 Kendirjian v Lepore (2017) 259 CLR 275; [2017] HCA 13 Lewis v Combell Constructions Pty Ltd (1989) 18 NSWLR 528 Neale v Lennox [1902] AC 465 Pemberton v Pemberton (1807) 13 Ves Jun 290; 33 ER 303 Shepherd v Robinson [1919] 1 KB 474 Category: Principal judgment Parties: Maurice Chehade (Plaintiff) Father Boutros George El Khoury (Defendant) Representation: Counsel: C Hodgson (Plaintiff) R Mitry, Amicus Curiae (Defendant)