Kwon v Tran [2010] NSWSC 1092
Leave was granted to obtain expert handwriting evidence due to the lack of prejudice to the opposing party, the legitimacy of further inquiry into the authenticity of the signature, and the potential for grievance if leave were denied, despite discretionary factors against the application.
- Jurisdiction
- Australia
- Judgment Date
- 29 July 2010
- Procedural Posture
- Probate and Family Provision Proceedings / Interlocutory Application for Leave to Obtain Expert Evidence
- Outcome
- Leave granted to obtain expert evidence.
- Legal Topics
- ['procedure for Adducing Expert Handwriting Evidence' 'informal Wills' 'balance of Justice and Prejudice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Probate and Family Provision Proceedings / Interlocutory Application for Leave to Obtain Expert Evidence
Legal Issues
- 1 ['Whether leave should be granted to obtain expert handwriting evidence regarding an informal will']
Ratio Decidendi
Leave was granted to obtain expert handwriting evidence due to the lack of prejudice to the opposing party, the legitimacy of further inquiry into the authenticity of the signature, and the potential for grievance if leave were denied, despite discretionary factors against the application.
Court Disposition
Leave granted to obtain expert evidence.
Orders
- ['An expert be engaged jointly by plaintiff and defendant regarding authenticity of the deceased’s signature.' 'If the parties do not agree on a single expert or instructions by 5 August 2010, they must seek court directions.' 'Thanh Long Tran to bear expert’s remuneration in the first instance to the exclusion of...
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