Case S270/2017

Nobarani v. Mariconte

Case No.


Case Information

Lower Court Judgment

5/06/2017 Supreme Court of New South Wales (Court of Appeal) (Ward JA, Simpson JA, Emmett AJA)

[2017] NSWCA 124


Probate – Appeal against grant of probate – Procedural fairness – Where respondent sought grant of probate of will dated 5 December 2013 – Where earlier will left share of jewellery and personal effects to appellant – Where appellant lodged caveat against grant of probate – Where primary judge granted probate – Where Court of Appeal found appellant denied procedural fairness at trial – Where majority of Court of Appeal held re-trial should not be ordered – Whether majority of Court of Appeal erred in failing to order re-trial – Whether intermediate appellate court can assess whether party denied procedural fairness would be unsuccessful if new trial ordered – Whether appellant lacked sufficient interest to challenge grant of probate.

Short particulars


17/11/2017 Hearing (SLA, Canberra v/link Sydney)

30/11/2017 Notice of appeal

22/12/2017 Written submissions (Appellant)

22/12/2017 Chronology (Appellant)

05/02/2018 Written submissions (Respondent)

09/02/2018 Summons seeking leave to file a Notice of Contention (Respondent)

19/02/2018 Reply

14/05/2018 Chronology (Respondent)

17/05/2018 Hearing (Full Court, Canberra) (Audio-visual recording)

17/05/2018 Outline of oral argument (Appellant)

17/05/2018 Outline of oral argument (Respondent)

15/08/2018 Judgment (Judgment summary)

29/08/2018 Summons seeking orders as to costs

17/10/2018 Judgment