Application of Connelly; The Estate of Nancy Allwood Connelly [2023] NSWSC 467

Application of Connelly; The Estate of Nancy Allwood Connelly [2023] NSWSC 467

The orders were refused because the evidence of alleged abuse, intimidation and threats was extremely vague and unsupported by specific incidents, and did not establish that suppression of Maxwell Gordon Connelly's address was necessary to protect his safety. The Court also found that the requested order would have limited utility because other documents, including NCAT material and the probate file, could contain the address and be available for inspection, and no adequate explanation was given for the earlier disclosure of the address in probate documents.

Jurisdiction
Australia
Judgment Date
04 May 2023
Procedural Posture
Probate and Administration Application Concerning Amendment or Suppression of an Executor's Address on a Grant of Probate / Determination of Notice of Motion Filed on 21 February 2023
Outcome
Notice of motion dismissed.
Legal Topics
['amendment of Probate Parchment' 'suppression and Non Publication Orders' 'open Justice' 'inherent Jurisdiction' 'executor Address Details' 'safety Ground for Suppression Order']
['probate and Administration' 'equity' 'civil Procedure'] ['amendment of Probate Parchment' 'suppression and Non Publication Orders' 'open Justice' 'inherent Jurisdiction' 'executor Address Details' 'safety Ground for Suppression Order']

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Procedural Posture

Probate and Administration Application Concerning Amendment or Suppression of an Executor's Address on a Grant of Probate / Determination of Notice of Motion Filed on 21 February 2023

Legal Issues

  1. 1 ["Whether the Court should amend or reissue the Grant of Probate so that Maxwell Gordon Connelly's residential address is omitted or replaced with a care-of address." 'Whether a suppression order was necessary under s 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW) to protect the safety of Maxwell Gordon Connelly.' 'Whether the Court should exercise any inherent jurisdiction or probate jurisdiction to revoke or vary the grant and issue a fresh grant omitting the address.' 'Whether the evidence of alleged abuse, intimidation and threats by Richard Warren James Connelly was sufficient to justify the orders sought.']

Ratio Decidendi

The orders were refused because the evidence of alleged abuse, intimidation and threats was extremely vague and unsupported by specific incidents, and did not establish that suppression of Maxwell Gordon Connelly's address was necessary to protect his safety. The Court also found that the requested order would have limited utility because other documents, including NCAT material and the probate file, could contain the address and be available for inspection, and no adequate explanation was given for the earlier disclosure of the address in probate documents.

Court Disposition

Notice of motion dismissed.

Orders

  • ['The notice of motion filed on 21 February 2023 be dismissed.' "There be no order as to the Applicants' costs of the notice of motion, to the intent that they are to personally bear their own costs of the notice of motion and not recover any costs thereof from the estate of the deceased." "The original grant of...