MULDER v HEKE & Anor [2014] NZHC 2098

MULDER v HEKE & Anor [2014] NZHC 2098

The summary judgment application was dismissed because the factual question whether the deceased was the natural or lawfully adopted child of the Heke parents could not be dismissed as having no substance on the material before the Court, particularly given the probative force of the birth certificate and competing whakapapa evidence; therefore the first defendant has an arguable defence and the matter requires trial.

Citation
[2014] NZHC 2098
Parties
Plaintiff, Administrator, Part Owner of Property: Jean Ripeka Mulder; First Defendant, Administratrix of the Estate of the Late John Kingi Heke: Winnie Rahera Heke; Second Defendant, Factory Worker: June Wharekawa
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 September 2014
Procedural Posture
Civil Succession/administration (high Court) / Summary Judgment Application
Outcome
Summary judgment application dismissed
Legal Topics
Intestacy, Administration Grants, Whangai Adoption, Summary Judgment Test, Admissibility and Weight of Contemporaneous Documents (birth Certificate)
Succession Administration of Estates Property Civil Procedure Evidence Intestacy Administration Grants Whangai Adoption +2 more

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Parties

Jean Ripeka Mulder

Plaintiff, Administrator, Part Owner of Property

Winnie Rahera Heke

First Defendant, Administratrix of the Estate of the Late John Kingi Heke

June Wharekawa

Second Defendant, Factory Worker

Procedural Posture

Civil Succession/administration (high Court) / Summary Judgment Application

Legal Issues

  1. 1 Whether John Kingi Heke was the natural or lawfully adopted child of Parehuia and John (Hone) Heke
  2. 2 Whether the first defendant has an arguable defence to the plaintiff's claim that the property was held on trust for the plaintiff under the Administration Act 1969 s78(1)(a)
  3. 3 What weight should be attached on summary judgment to the birth certificate and to whakapapa and other hearsay evidence

Ratio Decidendi

The summary judgment application was dismissed because the factual question whether the deceased was the natural or lawfully adopted child of the Heke parents could not be dismissed as having no substance on the material before the Court, particularly given the probative force of the birth certificate and competing whakapapa evidence; therefore the first defendant has an arguable defence and the matter requires trial.

Court Disposition

Summary judgment application dismissed

Orders

  • Summary judgment application dismissed.
  • Parties to confer on costs of this application.