Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563

Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563

The settlement offer made by the defendant’s solicitor on 5 May 2020 was accepted and constituted a binding agreement. There is no sufficient evidence or ground to suggest that the solicitor lacked authority or acted under a mistake sufficient to justify exercise of the discretion not to enforce the agreement. The...

Source-derived case information.

Parties
Plaintiff: Maurice Chehade; Defendant: Father Boutros George El Khoury
Jurisdiction
Australia
Judgment Date
11 May 2020
Procedural Posture
Application for Probate (contentious Probate Proceedings) / Application for Grant of Probate Following Settlement; Consideration of Enforceability of Settlement Agreement
Outcome
Application granted; settlement enforced; probate granted in solemn form of the 2005 will; orders made per consent orders signed 5 May 2020; further specific order as to costs of notice of motion.
Legal Topics
Settlement of Proceedings, Enforcement of Settlement, Grant of Probate, Knowledge and Approval of Will, Costs
Civil Procedure Succession Settlement of Proceedings Enforcement of Settlement Grant of Probate Knowledge and Approval of Will Costs

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Parties

Maurice Chehade

Plaintiff

Father Boutros George El Khoury

Defendant

Procedural Posture

Application for Probate (contentious Probate Proceedings) / Application for Grant of Probate Following Settlement; Consideration of Enforceability of Settlement Agreement

Legal Issues

  1. 1 Whether there was a binding agreement to settle the proceedings
  2. 2 Whether the Court should exercise discretion not to enforce the settlement agreement
  3. 3 Whether the deceased knew and approved the contents of the 2005 will

Ratio Decidendi

The settlement offer made by the defendant’s solicitor on 5 May 2020 was accepted and constituted a binding agreement. There is no sufficient evidence or ground to suggest that the solicitor lacked authority or acted under a mistake sufficient to justify exercise of the discretion not to enforce the agreement. The deceased knew and approved of the contents of her 2005 will, and there is no reason to doubt its validity. Accordingly, grant of probate in solemn form should be made and the agreed settlement orders should be enforced.

Court Disposition

Application granted; settlement enforced; probate granted in solemn form of the 2005 will; orders made per consent orders signed 5 May 2020; further specific order as to costs of notice of motion.

Orders

  • Compliance with service of notice on certain persons dispensed with (Order 1 of consent orders)
  • Probate in solemn form of the 2005 will granted to the plaintiff (Order 2)