23 Jun 2023
The caveator established sufficient doubt as to the testator's testamentary capacity at the time of the 2019 will, given conflicting witness evidence and unresolved medical evidence (including a later geriatrician finding of no capacity), so the order nisi should not be made absolute and the executor must apply for probate in solemn form for a full inquiry.
1 Jun 2022
The Court concluded it was not patently clear the caveats could not be maintained: although the contractual and factual matrix weighed against inferring ongoing fiduciary obligations and the mortgagee sale posed a substantial obstacle to tracing, the appellant's constructive trust/knowing receipt case was not so unarguable as to warrant denying reinstatement of caveats; accordingly the appeal was allowed, leave to adduce further evidence granted, and the question of re-imposing caveats and appropriate conditions remitted to the High Court
1 Jul 2013
Under HCR 4.23 the Court exercised its discretion to order joinder because the trustees demonstrated special circumstances: credible allegations against trustees created a potential conflict of interest that could undermine proper presentation of the caveat application; accordingly Allan Brooke Mitchell was to be joined as a party (added as a respondent) though he lacks standing to be substituted as the applicant to sustain the caveat.