In Re Will of McCowen  NSWSC 1000, Young JA considered the operation of section 27(1) of the Succession Act 2006 (NSW).
Under that section, if the Court is satisfied that a will does not carry out the testator's intentions because (a) a clerical error was made, or (b) the will does not give effect to the testator's instructions, then the Court can make an order to rectify the will to carry out the intentions of the testator.
Young JA found that there had been a ‘clerical error’ in the preparation of the will in this case. The more difficult question though was whether under section 27 the ‘clerical error’ had to be the sole or dominant cause of the error in the will. His honour held that the section should be liberally construed and that so long as the clerical error is ‘the principal reason as to why the will does not carry out the testator's intentions’, then section 27(1)(a) was satisfied.