Small v Phillips

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Introduction The question in this appeal is whether the Court should make an order under the Succession Act 2006 (NSW) (the Succession Act) authorising a will to be made on behalf of the fourth defendant, Mrs Millie Phillips (Mrs Phillips), who lacks testamentary capacity. Such an order is sought by the appellant, Mr Anthony Small (Anthony), who is a grandson of Mrs Phillips.

1. Following the filing of an amended summons by Anthony on 20 December 2018, the defendants in proceedings brought by him in the Equity Division were:

• Sharonne Phillips (Sharonne), who is a daughter of Mrs Phillips - first defendant, now first respondent to the appeal;
• Robert Phillips (Robert), who is a son of Mrs Phillips - second defendant, now second respondent to the appeal;
• Sharonne Phillips and Robert Phillips in their capacity as private managers of the estate of Mrs Phillips (the Managers) - third defendant, now third respondent to the appeal;