IN THE COURT OF APPEAL
| SUPREME COURT OF QUEENSLAND | Appeal No. 220 of 1994 |
| Brisbane | |
| [Bella-Lewis v. Thompson] | |
| BETWEEN: |
SHEILA BELLA-LEWIS
(Defendant) Appellant
AND:
SALLY HANNAH THOMPSON
(Plaintiff) Respondent
FITZGERALD P.
DAVIES J.A.
MCPHERSON J.A.
Judgment delivered 27/02/1996
SEPARATE REASONS FOR JUDGMENT BY EACH MEMBER OF THE COURT,
FITZGERALD P. AND DAVIES J.A. AGREEING, MCPHERSON J.A. DISSENTING
Appeal allowed; judgment below set aside; new trial ordered.
Appellant to have the costs of the appeal, with the costs of the trial reserved to the further
trial judge.
CATCHWORDS: | Validity of will or document in testamentary form - was will duly signed, witnessed and attested - s. 9 Succession Act 1981 - question of fraud - directions to jury - privilege against self-incrimination |
| Counsel: | J.A. Griffin Q.C. with him G.M. Egan for the Appellant C. Hampson Q.C. with him T. Quinn for the Respondent |
| Solicitors: | O’Shea Corser & Wadley for the Appellant Crowley & Greenhalsh for the Respondent |
| Date(s) of Hearing: | 24/05/1995 |
| IN THE COURT OF APPEAL | [1996] QCA 027 |
| SUPREME COURT OF QUEENSLAND | Appeal No. 220 of 1994 |
| Brisbane | |
| Before | Fitzgerald P. Davies J.A. McPherson J.A. |
[Bella-Lewis v. Thompson]
BETWEEN:
SHEILA BELLA-LEWIS
(Defendant) Appellant
AND:
SALLY HANNAH THOMPSON
(Plaintiff) Respondent
REASONS FOR JUDGMENT - FITZGERALD P.
Judgment delivered 27/02/1996
The circumstances giving rise to this appeal are set out in the reasons for judgment of the other members
of the Court.
In my opinion, the critical question for the jury was whether the instrument of which the respondent
sought probate as the deceased’s will (Exhibit 2) was duly signed by the deceased as his will and
witnessed and attested in accordance with s. 9 of the Succession Act 1981. While the respondent bore
the onus of proof on those matters, there was ample evidence to support a verdict in her favour and no
direct evidence that the instrument was not duly signed, witnessed and attested. For the appellant to succeed in this Court, she therefore must demonstrate some error in the conduct of the trial which gave
rise to a substantial miscarriage of justice: Supreme Court Act of 1874, s. 13. The matters to be
considered fall into two categories; the trial judge’s rulings on evidence, and his directions to the jury.
The appellant’s principal complaints in relation to the trial judge’s rulings on evidence concerned his
Honour’s refusal to permit questions, or discouragement of questions, relating to the reputation or credit
of Father Lewis, the admission of the evidence by the former wife of Father Lewis of her contact with
the appellant concerning the present dispute, and the course adopted in relation to Mrs Ferguson and
her affidavits and other evidence. His Honour was plainly correct in relation to the first of those three
matters, and the course he took with respect to the second matter did not, in itself, involve appealable
error. It is convenient to postpone consideration for the moment of the evidence and conduct at…
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- AGLC
- Thompson v Bella-Lewis [1996] QCA 27
- Case
- [1996] QCA 27
- Decision Date
CaseChat Overview and Summary
The court considered whether the will was duly signed, witnessed, and attested in compliance with the statutory requirements. The court also examined whether there was any evidence of fraud in the execution of the will. The court further considered whether the privilege against self-incrimination applied to the execution of the will and whether it could be overcome by the requirements of section 9 of the Succession Act 1981. The court held that the will was validly executed and that there was no evidence of fraud. The court also held that the privilege against self-incrimination did not apply to the execution of the will.
The court found in favour of the defendant and held that the will was validly executed. The court also held that there was no evidence of fraud in the execution of the will. The court further held that the privilege against self-incrimination did not apply to the execution of the will. The court directed the jury to find in favour of the defendant. The final orders of the court were that the will was valid and that the defendant was entitled to the estate of the deceased.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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