Abraham v Goldberg

Case [2025] NSWSC 473


Supreme Court


New South Wales

Medium Neutral Citation: Abraham v Goldberg [2025] NSWSC 473
Hearing dates: In Chambers
Date of orders: 15 May 2025
Decision date: 15 May 2025
Jurisdiction:Equity – Probate and Family Provision List – Probate
Before: Slattery J
Decision:

Motion for dismissal stood over with liberty to relist pending the plaintiff’s compliance with future court orders. Costs reserved.

Catchwords:

SUCCESSION — Probate and administration – plaintiff seeks probate of the wills of a deceased couple – the defendant, the couple’s daughter has a grant of probate in common form of an earlier will of her deceased mother and seeks probate of the will of her father – the plaintiff claims to be a friend of the couple, a contention which is contested – the plaintiff in substantial default of the Court’s procedural orders in the proceedings – whether the plaintiff has raised sufficient doubt about the wills of the deceased couple that the Court should not strike out the proceedings.

CIVIL PROCEDURE – Motion for Summary Dismissal – Where plaintiff has failed to comply with directions – discretionary considerations relevant to summary dismissal for failure to prosecute probate proceedings.

Legislation Cited:

Civil Procedure Act 2005

Crimes Act 1900

Probate at Administration Act 1898

Real Property Act 1900

Uniform Civil Procedure Rules 2005

Cases Cited:

Batistatos v RTA of NSW (2006) 266 CLR 256

Boyce v Bunce [2015] NSWSC 1924

Creed v Smith [1914] VLR 652

Gray v Hart; Estate of Harris (No. 2) [2012] NSWSC 1462

Hans Pet Constructions Pty Limited v Cassar [2009] NSWCA 230

McGettigan v Coulter & Anor; Coulter & Anor v McGettigan [2021] NSWSC 1097

McGettigan v Coulter & Anor; Coulter & Anor v McGettigan (No. 2) [2021] NSWSC 1356

Micallef v ICI Australia Operations Pty Limited [2001] NSWCA 274

Rathman v Bimson [2010] NSWSC 338

Re the Estate of Condon; Battenburg v Phillips [2017] NSWSC 1813

Saunders v Vautier (1841) 41 ER 482

Showtime Touring Group Pty Ltd v Mosley Touring Inc (2013) 296 ALR 597; NSWCA 53

Willis v Abraham (No. 2) [2025] NSWSC 276

Category:Procedural rulings
Parties: Yael Abraham Longobardi (Plaintiff)
Annie Goldberg by her tutor NSWTAG (Defendant)
Representation:

Counsel:
E Cohen (Plaintiff)
A Grant (Defendant)

Solicitors:
Dezarnaulds Legal (Plaintiff)
W K Cahill & Associates (Defendant)
File Number(s): 2022/00080874
Publication restriction: N/A

JUDGMENT

  1. Practising law until relatively late in life, Leon Goldberg was a familiar and creative solicitor-advocate defending accused persons in Sydney’s criminal courts. His death on 27 June 2020 triggered protracted probate contest featuring a startling matrix of sub-issues. On one side of the principal contest is the plaintiff, Ms Abraham, a retired solicitor with no biological relationship to Mr Goldberg but claiming to be his friend and confidante. On the other side is Mr Goldberg’s only child, his daughter, Annie Goldberg, the defendant, who denies Ms Abraham had a close relationship with Leon.

  2. The immediate issues before the Court are Ms Goldberg’s motion seeking to strike out the proceedings as not disclosing a cause…

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AGLC
Abraham v Goldberg [2025] NSWSC 473
Case
[2025] NSWSC 473
Decision Date

CaseChat Overview and Summary

The parties involved in this case are Abraham, the plaintiff, and Goldberg, the defendant. The dispute centres around the probate of the wills of a deceased couple. The defendant, the daughter of the deceased couple, already holds a grant of probate in common form of her deceased mother's earlier will and is seeking probate of her deceased father's will. The plaintiff claims to be a friend of the deceased couple, a contention which the defendant disputes. The proceedings are before the Supreme Court of Victoria.

The legal issues before the court include whether the plaintiff has raised sufficient doubt about the validity of the wills to prevent the proceedings from being struck out. Additionally, the court needed to consider the defendant's motion for summary dismissal due to the plaintiff's failure to comply with procedural orders and directions. The court had to balance the discretionary considerations relevant to summary dismissal for failure to prosecute probate proceedings against the merits of the plaintiff's claims.

In determining the outcome, the court considered the plaintiff's substantial default of the Court’s procedural orders and the merits of the plaintiff's contentions. The court found that the plaintiff's claims did not raise sufficient doubt about the wills to warrant the proceedings continuing. The court also found that the plaintiff's failure to comply with procedural orders warranted summary dismissal. Accordingly, the court dismissed the proceedings with costs.

No further orders were made as the dismissal was comprehensive.

Orders

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Background

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