Category: Property and Probate

So bad it’s good: dodgy drafting gets the job done

In this recent decision, the landlord got the benefit of a dubiously worded outgoings clause. The High Court gave full effect to the parties’ commercial intent to hold that commercial common sense dictated that the tenant would be liable for all outgoings under a long term lease.

Ecosse Property Holdings Pty Ltd v Gee Dee Nominees Pty Ltd [2017] HCA 12

Deficiency in will execution procedure

Important decision on the requirements of setting aside a will on the grounds that the testator did not know or approve of the contents. Useful study of “suspicious circumstances” necessary to displace the presumption of knowledge and approval created by due execution of a will.