ASLAN v SHEHADIE [1998] NSWCA 19

ASLAN v SHEHADIE [1998] NSWCA 19

No error was shown in the trial judge’s exercise of discretion to refuse use of an interpreter. Even if there had been negligence in not advising on revocability of the wills, it was not established on the balance of probabilities that a binding non-revocation agreement would have been entered into; thus, loss was not established.

Parties
Appellant: Ahmed Aslan; Respondent: Michael Shehadie
Jurisdiction
Australia
Judgment Date
17 December 1998
Procedural Posture
Appeal / Judgment of the Supreme Court of New South Wales Court of Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Interpreter at Trial, Solicitor's Duty of Care, Wills, Agreements Not to Revoke Wills
Procedure Negligence Interpreter at Trial Solicitor's Duty of Care Wills Agreements Not to Revoke Wills

Case Brief

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Parties

Ahmed Aslan

Appellant

Michael Shehadie

Respondent

Procedural Posture

Appeal / Judgment of the Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in refusing the use of an interpreter for the appellant
  2. 2 Whether the respondent solicitor was negligent in failing to advise the appellant that a will is revocable at any time, and if so, whether the appellant suffered loss as a consequence

Ratio Decidendi

No error was shown in the trial judge’s exercise of discretion to refuse use of an interpreter. Even if there had been negligence in not advising on revocability of the wills, it was not established on the balance of probabilities that a binding non-revocation agreement would have been entered into; thus, loss was not established.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs