Nobarani v Mariconte

The High Court of Australia heard an appeal concerning a dispute over the grant of probate for the will of Ms McLaren. The appellant, Mr Nobarani, claimed an interest in challenging the 2013 Will, which left the entire estate to the respondent, Ms Mariconte, the named executrix. The appellant's claim was based on his entitlement under an earlier will. The primary issue before the High Court was whether the Court of Appeal of the Supreme Court of New South Wales had erred in dismissing Mr Nobarani's appeal, which alleged a denial of procedural fairness at trial.

The legal issues before the High Court included whether the appellant possessed a sufficient interest to challenge the 2013 Will, and whether the appellant had been denied procedural fairness during the trial proceedings. Specifically, the court considered whether the denial of procedural fairness, if established, amounted to a "substantial wrong or miscarriage" as defined by the Uniform Civil Procedure Rules 2005 (NSW), and whether this denial deprived the appellant of the possibility of a successful outcome. The court also had to determine if a new trial should be ordered.

The High Court found that the appellant did have an interest in challenging the 2013 Will, as the trial judge had correctly recognised his standing based on the 2004 Will, which the respondent had admitted. Furthermore, the High Court concluded that the appellant had been denied procedural fairness at the trial. This denial was considered material, constituting a "substantial wrong or miscarriage," because it prevented the appellant from having the possibility of a successful outcome.

Consequently, the High Court allowed the appeal, set aside the orders of the Court of Appeal, and ordered that the appeal to the Court of Appeal be allowed. The orders of the Supreme Court at trial were also set aside, with a new trial to be held in the Equity Division of the Supreme Court of New South Wales. The appellant was awarded costs of the trial and the appeal to the High Court, with liberty for the respondent to apply for costs to be paid out of the estate on a trustee basis.