Beverly Griggs v Julie Ann Mouglalis & Ors [2007] NSWSC 120

Beverly Griggs v Julie Ann Mouglalis & Ors [2007] NSWSC 120

The amendment application was refused because the proposed declaration as to Ms Jillings' paternity was irrelevant to Ms Griggs' primary claim for probate of a lost will, was sought at an inappropriately late stage after evidence had largely excluded consideration of Ms Jillings, and refusal would not jeopardise Ms Jillings because, if intestacy were found and administration granted, she could claim in the distribution and seek court adjudication if dissatisfied.

Jurisdiction
Australia
Judgment Date
21 February 2007
Procedural Posture
Probate Suit for Lost Will Heard With Summons for Declaration of Intestacy and Administration of the Estate / Application During Final Address to Amend the Summons to Add Thea Jillings to the Declaration as to Paternity
Outcome
Amendment application refused.
Legal Topics
['probate of Lost Will' 'administration on Intestacy' 'declaration as to Paternity' 'late Amendment of Summons']
['succession' 'wills, Probate and Administration' 'civil Procedure'] ['probate of Lost Will' 'administration on Intestacy' 'declaration as to Paternity' 'late Amendment of Summons']

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Procedural Posture

Probate Suit for Lost Will Heard With Summons for Declaration of Intestacy and Administration of the Estate / Application During Final Address to Amend the Summons to Add Thea Jillings to the Declaration as to Paternity

Legal Issues

  1. 1 ['Whether the plaintiff should be permitted, after the close of evidence and during final address, to amend her summons to add Thea Jillings to the declaration as to paternity.' "Whether determining Thea Jillings' paternity was relevant to the plaintiff's primary claim for probate of a lost will." 'Whether refusal of the amendment would prejudice Thea Jillings.']

Ratio Decidendi

The amendment application was refused because the proposed declaration as to Ms Jillings' paternity was irrelevant to Ms Griggs' primary claim for probate of a lost will, was sought at an inappropriately late stage after evidence had largely excluded consideration of Ms Jillings, and refusal would not jeopardise Ms Jillings because, if intestacy were found and administration granted, she could claim in the distribution and seek court adjudication if dissatisfied.

Court Disposition

Amendment application refused.

Orders

  • ['The application is dismissed.']