Andrew O’Brien KC appeared for the applicant, instructed by Rouse Lawyers.
The judgment concerned an appeal concerning disputes arising out of a will or out of the administration of will trusts.
The appellant filed a notice of appeal, however the Court noted that the notice was misconceived as it did not identify any error of fact or law said to be made by the primary Judge. Instead, it sought orders akin to relief which might be sought on another application or in a separate proceeding altogether.
The Court held that the primary Judge, sensibly exercised their discretion in the judgment in the notice of appeal. The Court ultimately dismissed the appeal and ordered that the respondent’s costs were to be assessed on a standard basis, and the interested party’s costs on an indemnity basis.
The judgment can be read by clicking here
