Noel Mockett Brown as executor of the estate of the late Petar Vezmar (aka Peter Vezmar)

The case before the court involved Noel Mockett Brown, acting as the executor of the estate of the late Petar Vezmar, also known as Peter Vezmar. The dispute centred on the interpretation and effect of a testamentary disposition concerning Serbian realty, which the testator had devised on trusts. The court was required to determine the applicable law governing the construction and effectiveness of the disposition, and whether the beneficiary could take the realty absolutely. The case was heard in an Australian court, given the testator's domicile in Australia.

The central legal issue before the court was the choice of law in relation to the construction and effectiveness of a testamentary disposition involving Serbian realty. Specifically, the court had to decide whether Australian law, Serbian law as the law of the situs of the realty (lex situs), or some other law should apply. Additionally, the court needed to determine whether the concept of trust, as recognised in Australian law, was recognised in Serbian law, and if the beneficiary could take the realty absolutely, or if the realty would pass to the testator's children after the beneficiary's death.

The court held that Serbian law, as the lex situs, governed the construction and effectiveness of the disposition, given that the Serbian courts had asserted exclusive jurisdiction over dispositions of immovables located within Serbian territory. The court found that there was conflicting evidence as to whether the concept of trust was recognised in Serbian law. However, the court concluded that obtaining probate in Serbia was inevitable to resolve the dispute. Therefore, the executor was directed to cause probate to be obtained in Serbia, in accordance with Serbian law.

The final orders of the court were that the executor should cause probate to be obtained in Serbia, in accordance with Serbian law, to determine the beneficiary's entitlement to the Serbian realty. The court's decision underscored the importance of considering the lex situs in matters involving testamentary dispositions of immovable property, and the need to respect the jurisdiction of foreign courts in matters concerning their own immovable property.