Bar-Mordecai v Rotman

This case concerned an appeal from a decision of Einstein J regarding the revocation of a will and the existence of a de facto relationship. The appellant, Bar-Mordecai, sought to overturn the primary judge's findings on these matters. The respondent, Rotman, was the executor of the deceased's estate.

The legal issues before the Court of Appeal included whether the deceased's will had been revoked by tearing, the presumption of revocation arising from a will being missing, and the existence of a de facto relationship between the appellant and the deceased. The appeal also involved consideration of the admissibility of fresh evidence and the credibility of witnesses, particularly the appellant.

The Court of Appeal dismissed the appeal, upholding the primary judge's findings. The trial judge had found the appellant's evidence to be unreliable and tailored to his case, often exaggerating or being untruthful. This assessment of credibility was central to the findings regarding the revocation of the will, with the primary judge concluding that the deceased, a person of strong character, would not have left her affairs in disarray. The court also refused to admit significant further evidence on appeal, finding no basis to depart from the trial judge's decision. The appeal was dismissed with costs.