Event and Time
Event Description
- Application for amendment of Probate parchment to exclude the address of one of the executors, Maxwell Gordon Connelly, following the grant of Probate for the deceased, Nancy Allwood Connelly.
Application and Claims
- Applicants: Maxwell Gordon Connelly and Graham John Connelly.
- Claims:
1. Suppression of Maxwell Gordon Connelly’s residential address in the Grant of Probate. 2. Request for the address to be either left blank or replaced with a proximate address. 3. Indefinite suppression of the address from public documents to ensure privacy and security.
Judicial Decisions
- The Court dismissed the notice of motion filed on 21 February 2023.
- The Applicants were ordered to bear their own costs of the notice of motion, with no recovery from the deceased’s estate.
- The original grant of Probate was to be returned to the Applicants' solicitors.
Dispute Points and Legal Basis
Dispute Points
- Applicants' Arguments:
- Concern for privacy and safety warranted suppression of Maxwell's address. - Grounded their request on the Court Suppression and Non-publication Orders Act 2010. - Stated that the address was not included in the Will, hence should not be publicized.
- Respondent (Implied):
- Richard Warren James Connelly, the third sibling, may become aware of the address if not suppressed. - The interest in transparency and maintaining probate records as public or accessible information.
- Legal Reasoning:
- No application made for general suppression related to the hearing or publication of judgment. - Arguments did not sufficiently address the broader context or legal framework for suppressing such information under the Act.