Danihel v Manning [2012] NSWSC 556

Danihel v Manning [2012] NSWSC 556

The plaintiffs' application for disclosure was refused because they failed to establish 'exceptional circumstances' as required under Practice Note SC Eq 11, particularly as they had already obtained much of the material sought through subpoenas prior to the introduction of the Practice Note. The application for further particulars was also dismissed, as the defendant was not required to traverse each particular.

Parties
1st Plaintiff: Marian Danihel; 2nd Plaintiff: Zofia Danihel; Defendant: Christopher Neil Manning
Jurisdiction
Australia
Judgment Date
09 May 2012
Procedural Posture
Interlocutory Application / Amended Notice of Motion—disclosure Prior to Service of Evidence
Outcome
Application for disclosure and further particulars dismissed. Costs order made against plaintiffs.
Legal Topics
Disclosure, Practice Note SC Eq 11, Exceptional Circumstances, Testamentary Capacity, Grant of Probate, Will
Equity Probate Disclosure Practice Note SC Eq 11 Exceptional Circumstances Testamentary Capacity Grant of Probate Will

Case Brief

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Parties

Marian Danihel

1st Plaintiff

Zofia Danihel

2nd Plaintiff

Christopher Neil Manning

Defendant

Procedural Posture

Interlocutory Application / Amended Notice of Motion—disclosure Prior to Service of Evidence

Legal Issues

  1. 1 Whether the plaintiffs should be granted orders for disclosure before service of evidence
  2. 2 Whether disclosure was supported by 'exceptional circumstances' under Practice Note SC Eq 11
  3. 3 Whether particulars of the defendant's denial needed to be provided

Ratio Decidendi

The plaintiffs' application for disclosure was refused because they failed to establish 'exceptional circumstances' as required under Practice Note SC Eq 11, particularly as they had already obtained much of the material sought through subpoenas prior to the introduction of the Practice Note. The application for further particulars was also dismissed, as the defendant was not required to traverse each particular.

Court Disposition

Application for disclosure and further particulars dismissed. Costs order made against plaintiffs.

Orders

  • Plaintiffs pay 80 percent of the defendant's costs of today.
  • Matter listed before White J in the Probate List on 14 May 2012.