EDWARDS V. BOYD

EDWARDS V. BOYD

The action was vexatious and frivolous as the matters in dispute had been conclusively decided in prior proceedings, and the appellant had abandoned the alternate will now relied upon.

Parties
Appellant: Edwards; Respondent: Boyd
Jurisdiction
Australia
Judgment Date
18 March 1959
Procedural Posture
Appeal / High Court Appeal From Supreme Court Order
Outcome
Appeal dismissed
Legal Topics
Probate, Vexatious Proceedings, Finality of Litigation
Succession Civil Procedure Probate Vexatious Proceedings Finality of Litigation

Case Brief

Summary, issues, holding and outcome

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Parties

Edwards

Appellant

Boyd

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court Order

Legal Issues

  1. 1 Whether the current suit is vexatious and frivolous
  2. 2 Whether the will of 2nd April 1951 may be proved
  3. 3 Whether earlier proceedings finally determined the validity of the 29 September 1950 will

Ratio Decidendi

The action was vexatious and frivolous as the matters in dispute had been conclusively decided in prior proceedings, and the appellant had abandoned the alternate will now relied upon.

Court Disposition

Appeal dismissed

Orders

  • Order of Mr Justice Myers striking out the action upheld
  • Order restraining the appellant from instituting further proceedings of the same kind without leave of the Court upheld