21 Sept 2023
The caveat was lodged without a sound basis, medical records (provided by consent) showed no testamentary capacity issue, the caveat was only withdrawn months later after depleting estate funds, and therefore the respondent failed and must pay costs to the applicant on a 2B basis of $7,170.
11 Jul 2023
The Judge found the three statutory thresholds under r 8.20 were satisfied: the applicant may have a claim, it is impracticable to plead the claim without the documents, and the documents were or are under the control of the executor; consequently the Court ordered the executor to provide affidavit and disclosure and ordered the GP to provide medical records on payment of expenses, and ordered costs against the executor personally on a 2B scale.
9 Dec 2021
The appellant provided a fresh affidavit from her general practitioner with annexed medical records which disclosed sufficient medical information relevant to the relationship property proceedings, making the prior blanket order for discovery of medical records over the specified four‑year period unnecessary; accordingly the disclosure order was quashed.
30 Jun 2020
Caveator raised sufficient doubt about the deceased's testamentary capacity based on consistency of prior wills, medical notes indicating cognitive impairment after 2008, contemporaneous reports of decline around 2014–2015, and the inadequacy of the three-line GP certificate; accordingly the order nisi should not be made absolute and the executors must apply for probate in solemn form with full medical disclosure.
1 Feb 2016
Leave to appeal was dismissed because the Court of Appeal had carefully addressed the s122 warning, fresh evidence, medical evidence and summing up and correctly concluded that any deficiencies did not create a real risk of miscarriage of justice and no matter of public importance arose.