Irene Paltos v Shirley Bassil [2013] NSWSC 1408

Irene Paltos v Shirley Bassil [2013] NSWSC 1408

The plaintiff's pleading does not disclose a reasonable cause of action under Succession Act 2006 s 27, as no relevant testator's instructions preceding the will are pleaded, and thus this aspect is struck out. However, the promissory estoppel claim is not manifestly groundless and is allowed to proceed to trial, as the alleged detriment may satisfy the threshold depending on evidence at trial.

Jurisdiction
Australia
Judgment Date
25 September 2013
Procedural Posture
Interlocutory Application / Leave to Amend Statement of Claim; Strike Out Application
Outcome
Leave to amend statement of claim granted except as to Succession Act s 27; defendant's strike out application dismissed; each party to bear own costs for these motions.
Legal Topics
['strike Out Application' 'pleading Amendment' 'promissory Estoppel' 'rectification of Wills']
['equity' 'succession Law' 'civil Procedure'] ['strike Out Application' 'pleading Amendment' 'promissory Estoppel' 'rectification of Wills']

Case Brief

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Procedural Posture

Interlocutory Application / Leave to Amend Statement of Claim; Strike Out Application

Legal Issues

  1. 1 ["Whether the plaintiff's proposed amended statement of claim discloses a reasonable cause of action under Succession Act 2006 s 27" "Whether the plaintiff's promissory estoppel claim is manifestly groundless and should be struck out"]

Ratio Decidendi

The plaintiff's pleading does not disclose a reasonable cause of action under Succession Act 2006 s 27, as no relevant testator's instructions preceding the will are pleaded, and thus this aspect is struck out. However, the promissory estoppel claim is not manifestly groundless and is allowed to proceed to trial, as the alleged detriment may satisfy the threshold depending on evidence at trial.

Court Disposition

Leave to amend statement of claim granted except as to Succession Act s 27; defendant's strike out application dismissed; each party to bear own costs for these motions.

Orders

  • ['Grant leave to the plaintiff to amend her Statement of Claim substantially in the form of the Amended Statement of Claim but excluding any cause of action relating to Succession Act s 27.' 'Direct the plaintiff to file her final form of Amended Statement of Claim within 14 days of today.' "Otherwise dismiss...