Court of Appeal
Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Anderson v Yongpairojwong [2024] NSWCA 220 Hearing dates: 24 June 2024 Date of orders: 12 September 2024 Decision date: 12 September 2024 Before: Bell CJ at [1];
Leeming JA at [180];
Mitchelmore JA at [186]Decision: Appeal dismissed with costs.
Catchwords: SUCCESSION – Contested grant of Thai will – Executed in circumstances where testatrix ill with cancer – Primary judge held testator had capacity – Relevance of absence of medical records suggesting a lack of capacity – Primary judge taking into account universe of evidence – Suspicious circumstances – Whether established – Desirability of pleading or particularising suspicious circumstances
Legislation Cited: Civil Procedure Act 2005 (NSW) s 56
Succession Act 2006 (NSW) s 59
Cases Cited: Barry v Butlin [1838] 12 ER 1089
Bull v Fulton (1942) 66 CLR 295; [1942] HCA 13
Carr v Homersham (2018) 97 NSWLR 328; [2018] NSWCA 65
Craig-Bridges v NSW Trustee and Guardian [2017] NSWCA 197
Croft v Sanders [2019] NSWCA 303
Dedakis v Deligiannis; The estate of Rebecca Deligiannis (also known as Rebeka Deligiannis) [2024] NSWSC 1018
Fox v Percy (2003) 214 CLR 118; [2003] HCA 22
J and E Vella Pty Ltd v Hobson [2023] NSWCA 234
Kerr v Badran [2004] NSWSC 735
Lee v Lee (2019) 266 CLR 129; [2019] HCA 28
Mekhail v Hana [2019] NSWCA 197
Nicholson v Knaggs [2009] VSC 64
Re Estate of Griffith (dec’d); Easter v Griffith (1995) 217 ALR 284
Veall v Veall (2015) 46 VR 123; [2015] VSCA 60
Warren v Coombes (1979) 142 CLR 531; [1979] HCA 9
Wild v Meduri (No 2) [2023] NSWSC 669
Zorbas v Sidiropoulous (No 2) [2009] NSWCA 197
Category: Principal judgment Parties: Palisa Anderson (Appellant)
Kijchai Yongpairojwong (First Respondent)
Kulphat Laoyont (Second Respondent)Representation: Counsel:
L Ellison SC with A Maroya (Appellant)
S Chapple SC with D Yazdani (Respondents)Solicitors:
Mills Oakley (Appellant)
Swaab (Respondents)
File Number(s): 2023/445224 Publication restriction: N/A Decision under appeal
- Court or tribunal:
- Supreme Court of New South Wales
- Jurisdiction:
- Equity
- Citation:
- Date of Decision:
- 10 November 2023
- Before:
- Griffiths AJ
- File Number(s):
- 2021/356682
HEADNOTE
[This headnote is not to be read as part of the judgment]
Amonrat Chanta (Amy) was the matriarch of a chain of restaurants operating under the “Chat Thai” brand. Amy died on 10 March 2021, and was survived by her son, Kulphat Laoyont (Pat or the Second Respondent), and daughter, Palisa Anderson (Palisa or the Appellant). Amy executed two wills: one in New South Wales in 2017 (the NSW Will), and the other in Thailand on 24 June 2020 (the Thai Will). The NSW Will provided, inter alia, that Pat and Palisa would receive a roughly even split of Amy’s shares in the companies used to operate her business (the CT Group) and also share the residue of…
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- Case
- [2024] NSWCA 220
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court of Appeal were whether the primary judge erred in finding that the testatrix had testamentary capacity, and whether the circumstances surrounding the execution of the will were sufficiently suspicious to warrant a different outcome. The appellant also raised questions about the desirability of pleading or particularising suspicious circumstances in such cases.
The Court of Appeal affirmed the primary judge's decision, holding that the absence of medical records specifically suggesting a lack of capacity did not preclude a finding of capacity. The primary judge had properly considered the entire universe of evidence presented. The court found that the circumstances surrounding the will's execution were not established as suspicious in a manner that would invalidate the will. The court also noted that while pleading suspicious circumstances is desirable, its absence did not automatically lead to a different conclusion if the evidence otherwise supported the will's validity.
The appeal was dismissed with costs.
Orders
Orders of the court
Appeal dismissed with costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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