Australia, Sept. 8 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 7:

1. The first plaintiff, Dr Brett Gooley, is the son and the executor of the estate of the late Mr Melville Gooley, who died on 23 December 2017.

2. The second plaintiff, Service Gooley (GFT) Pty Ltd, (Service GFT) has been the trustee of the Gooley Family Trust since about 14 February 2023. The previous trustee - Cuthbert Rose Pty Ltd (Cuthbert Rose) - is not a party to these proceedings. Dr Gooley is a director of Service GFT.

3. The third plaintiff, Motasea Pty Limited (Motasea), is one of many companies in which the deceased owned shares at the time of his death. Dr Gooley is now the sole director of Motasea.

4. Following the death of the deceased, his daughters, Ms Aleta Gooley and Ms Melinda Foley, commenced proceedings in this Court on 9 July 2018 applying for a grant of probate of a will made by the deceased on 18 July 2014 which named them as the executors of his estate. Dr Gooley, who had lodged a caveat against a grant of probate without prior notice to him on 17 January 2018, was named as the defendant to those proceedings. Dr Gooley contended that the deceased lacked testamentary capacity by July 2014. He filed a cross-claim in those proceedings seeking a grant of probate in respect of a will made by the deceased on 1 February 2010 or, alternatively, a will made by the deceased on 15 June 2012. Both of those earlier wills named Dr Gooley as the sole executor of the deceased's estate. [1]

5. At the same time as the probate proceedings were on foot, two separate proceedings were commenced in this Court by relatives of the deceased making family provision claims.

6. Teece Hodgson & Ward acted as the solicitors for Ms Gooley and Ms Foley as the plaintiffs and cross-defendants in the probate proceedings until they were replaced by Martin Street Lawyers at some time in 2020. Macpherson Kelley acted as the solicitors for the defendant and cross-claimant, Dr Gooley.

7. The probate proceedings were heard by Sackar J over multiple hearing dates between November 2019 and November 2020. Judgment was delivered on 12 February 2021. His Honour found that the deceased lacked testamentary capacity at all relevant times after he made his will on 1 February 2010, dismissing the claims of Ms Aleta Gooley and Ms Melinda Foley, and upholding Dr Gooley's cross-claim. [2] On 10 March 2021, Sackar J made orders granting probate in solemn form to Dr Gooley in respect of the will dated 1 February 2010.

8. The first defendant in these proceedings, Mr John Colley, was the accountant for the deceased and his associated entities from about 1971.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1987d2c66ca25ea5ac95dc07)

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