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Fiji Islands - Court of Appeal Digest 1991-2000 - Estate |
FIJI COURT OF APPEAL
INDEX AND DIGEST
1991 – 2000
MICHAEL DISHINGTON SCOTT B.A. (Lond.)
Of Gray’s Inn, Judge of the High Court of Fiji
PARTIES
SUBJECT
DESCRIPTION
FCA
NO.
PAGE
NO.
Brij Ram v Michael Ban Deo
ESTATE
Probate action must be commenced by writ- failure to comply merely an irregularity- need for proceedings to be regularised RHC 0.76- Succession Probate & Administration Act (Cap.60).
49/94
94/552
CMLA v. Prabha Shandil
ESTATE
Insurance Act (Cap 217) Section 83- a nomination does not depend for its effectiveness on notification to the insurer before payment – a nominee's entitlement is not part of a deceased's property- on the death of the original policy holder the legal holder of the policy is the nominee.
56/96
97/414
Gerald Barrack v Westpac
ESTATE
Payment made by Bank before revocation of probate- whether made in good faith - onus not discharged by the Bank - meaning of "bona fide".
50/94
95/109
Julie Doyle v Phyllis Latour Doyle
ESTATE
Liability of deceased divorced husband’s estate to continue paying maintenance- relevance of opting in to statutory system- whether maintenance order a personal liability ceasing on death- whether provision for maintenance in a deed survives a decree nisi-whether contrary to public policy- appeal allowed in part- order for payment of indemnity costs set aside.
1/97
99/419
Lui Fung Chan Lum v. The Commissioner of Estate & Gift Duties
ESTATE
Estate and Gift Duties Act Cap. 203- the procedure for stating a case set out in Part V of the Act is subject to Rule 29(4) of the Court of Appeal Rules.
28/92
93/585
Mairun Mohammed Hakim & Anr v Mohammed Saleem
ESTATE
Appellant having caveatable interest- appeal allowed- consequent direction to the Registrar of Titles.
35/92
94/452
Philip J. Singh v. Uma Krishna
ESTATE
Probate action- whether contentious- action should have been commenced by writ- appeal allowed.
51/98
99/180
Public Trustee of Fiji v. Sagore Bibi
ESTATE
Whether a dying wish revokes a will- Executor’s duty to dispose of deceased's body - appeal lapsed.
97/361
2/95
Rosy Reddy v Manchama Webb
ESTATE
Intestacy - caveat - appeal against refusal to order removal - comparison of Rules and Succession Probate & Administration Act (Cap.60) - need for caveator to establish contrary interest to the applicant for removal of the caveat - appeal allowed.
14/94
94/517
Shasi Prasad Sharma v Davendra Prasad Sharma & Anr
ESTATE
Application to remove caveat against grant of probate- need of caveator to establish contrary interest- whether application to re-open inquest a sufficient ground for refusing grant.
52/96
98/88
Vinita Raj v Sumintra
ESTATE
Judgment delivered 4 years after submissions- delay indefensible- estate- rights of tenants in common- doctrine of laches- family dispute suitability of ADR.
43/96
98/32
Victor Janson Ho v. Kenneth Michael Ho
ESTATE
Wills - law on testamentary capacity- onus of proof - mere antipathy contrasted with disorder of the mind- undue influence - record of proceedings - status of Judges notes.
6/96
97/214
© Michael Dishington Scott 2000
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