The appellant appealed a decision finding a secondary will invalid.
The secondary will had previously been rectified nunc pro tunc by another judge due to clerical errors, based on a finding that the testatrix had not read it but that it corresponded with her instructions.
The application judge subsequently found the will invalid based on the finding that it had not been read.
The Court of Appeal allowed the appeal, holding that the application judge's reasoning was circular and undermined the previous rectification order, which implicitly determined the will's validity.
