Estate of Raharuhi te Momo [2013] NZHC 3219

Estate of Raharuhi te Momo [2013] NZHC 3219

Having been shown the estate was insolvent, with co-executors consenting and the Official Assignee willing to act, the court ordered administration under Part 6 and appointed the Official Assignee, removing the current administrators.

Citation
[2013] NZHC 3219
Parties
Applicant; Beneficiary and Named Executor: JBS Te Momo; Deceased: Raharuhi Iwa Poaneki Te Momo; Respondent; Proposed Administrator: Official Assignee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 December 2013
Procedural Posture
Application Under Section 381, Insolvency Act 2006 (administration of Insolvent Estate) / Hearing and Oral Judgment (3 December 2013)
Outcome
Application granted: estate to be administered under Part 6 of the Insolvency Act 2006; Official Assignee appointed; current administrators removed; application for directions withdrawn.
Legal Topics
Administration Under Part 6, Appointment of Official Assignee, Removal of Administrators, Section 381 Application
Insolvency Probate Succession Estate Administration Administration Under Part 6 Appointment of Official Assignee Removal of Administrators Section 381 Application

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Parties

JBS Te Momo

Applicant; Beneficiary and Named Executor

Raharuhi Iwa Poaneki Te Momo

Deceased

Official Assignee

Respondent; Proposed Administrator

Procedural Posture

Application Under Section 381, Insolvency Act 2006 (administration of Insolvent Estate) / Hearing and Oral Judgment (3 December 2013)

Legal Issues

  1. 1 Whether the deceased's estate should be administered under Part 6 of the Insolvency Act 2006
  2. 2 Whether the Official Assignee should be appointed administrator of the insolvent estate
  3. 3 Whether current administrators should be removed from administration

Ratio Decidendi

Having been shown the estate was insolvent, with co-executors consenting and the Official Assignee willing to act, the court ordered administration under Part 6 and appointed the Official Assignee, removing the current administrators.

Court Disposition

Application granted: estate to be administered under Part 6 of the Insolvency Act 2006; Official Assignee appointed; current administrators removed; application for directions withdrawn.

Orders

  • The estate of Raharuhi Iwa Poaneki Te Momo be administered under Part 6 of the Insolvency Act 2006
  • The current administrators no longer administer the estate