Ford v Simes

In *Ford v Simes*, the appellant, the son of the deceased, sought to appeal a decision of the Trial Judge who had refused his claim for provision from the deceased's estate. The appellant had not received any provision under the will. The appeal was heard by Tobias JA, Bergin CJ in Eq, and Handley AJA.

The primary legal issues before the Court of Appeal were whether leave should be granted to adduce additional evidence, and whether the Trial Judge erred in finding that there were no "other special circumstances" justifying provision for the appellant under the relevant family provision legislation. The appellant also sought leave to bring the appeal under s 5 of the *Felons (Civil Proceedings) Act*.

The Court of Appeal refused leave to adduce additional evidence, noting that the evidence was available at trial and the appellant had not established a high probability of a different outcome. Regarding the family provision claim, the Court upheld the Trial Judge's finding that the appellant had unilaterally abandoned his relationship with the deceased, displayed hostility towards him, and had no contact for 14 years prior to the deceased's death. These factors were considered by the Court to be significant in determining whether any "other special circumstances" existed to warrant provision from the estate.

Consequently, the Court of Appeal granted leave to bring the appeal but dismissed the appeal itself. The appellant was ordered to pay the respondent's costs of the appeal, with a provision for any application for a different costs order to be made within 14 days.