Murdocca v Murdocca [2002] NSWCA 373

Murdocca v Murdocca [2002] NSWCA 373

On the proper construction of clause 5(c) of the will, the five-year period ran from the testator's death and the words "at that date" referred to the date five years after the testator's death, not the later date of transfer; Campbell J's construction was correct.

Jurisdiction
Australia
Judgment Date
12 November 2002
Procedural Posture
Appeal / Appeal From a Decision of Campbell J in the Supreme Court Equity Division Construing the Last Will of Ernesto Murdocca
Outcome
Appeal dismissed with costs
Legal Topics
['will Construction' 'construction of Testamentary Gift' 'valuation Date' 'subdivision of Estate Property']
['succession Law'] ['will Construction' 'construction of Testamentary Gift' 'valuation Date' 'subdivision of Estate Property']

Case Brief

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Procedural Posture

Appeal / Appeal From a Decision of Campbell J in the Supreme Court Equity Division Construing the Last Will of Ernesto Murdocca

Legal Issues

  1. 1 ['Whether the words "from the date hereof" in clause 5(c) referred to the date of the will or the date of the testator\'s death.' 'Whether the expression "at that date" in clause 5(c) meant the date five years after the testator\'s death or the date of transfer to Cosimo Murdocca.']

Ratio Decidendi

On the proper construction of clause 5(c) of the will, the five-year period ran from the testator's death and the words "at that date" referred to the date five years after the testator's death, not the later date of transfer; Campbell J's construction was correct.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']