Nobarani v MariconteCitation:[2018] HCA 36Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:15 Aug 2018Case Number:S270/2017Read more

Nobarani v MariconteCitation:[2018] HCA 36Before:Kiefel CJ, Gageler, Nettle, Gordon, Edelman JJDate:15 Aug 2018Case Number:S270/2017Read more

The court found that the appellant was denied procedural fairness due to the refusal of adjournments and alteration of the hearing at short notice, which amounted to a substantial miscarriage of justice, and that the appellant had sufficient interest to challenge the will.

Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
Australia
Judgment Date
15 August 2018
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Denial of Procedural Fairness, Grant of Probate, Interest in Challenging Will, Adjournment, Miscarriage of Justice
Practice and Procedure Succession Law Denial of Procedural Fairness Grant of Probate Interest in Challenging Will Adjournment Miscarriage of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether appellant was denied procedural fairness at trial
  2. 2 Whether denial of procedural fairness amounted to substantial wrong or miscarriage
  3. 3 Whether appellant had an interest in challenging the will

Ratio Decidendi

The court found that the appellant was denied procedural fairness due to the refusal of adjournments and alteration of the hearing at short notice, which amounted to a substantial miscarriage of justice, and that the appellant had sufficient interest to challenge the will.

Court Disposition

Appeal allowed

Orders

  • New trial ordered