Nobarani v Mariconte (No 2)

The appeal concerned the grant of probate of the will of the deceased, Mr. Mariconte. The appellant, Ms. Nobarani, had lodged caveats against the grant of probate, which the primary judge had ordered to be removed. Ms. Nobarani then sought to appeal this decision. The appeal was heard by Ward and Simpson JJA and Emmett AJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the primary judge had erred in removing the caveats, thereby allowing the grant of probate to proceed, and whether the appellant had been denied procedural fairness during the proceedings below. The Court was also required to consider the extent of any miscarriage of justice and whether a new trial should be granted, or if such a trial would be futile.

The Court of Appeal dismissed the appeal, finding that the primary judge had not erred in removing the caveats. The Court held that the evidence did not support the appellant's contention that the deceased lacked testamentary capacity at the time of making the will. Furthermore, the Court found no denial of procedural fairness, concluding that the appellant had been afforded a proper opportunity to present her case. Consequently, the Court determined that a new trial was not warranted.

The Court ordered that the amended notice of appeal be dismissed. The respondent's costs of the appeal were ordered to be paid out of the estate of the deceased on a trustee basis, with no order as to the appellant's costs and no order for costs against the appellant.