Estate of Horrocks application for order of administration [2019] NZHC 969
The Court granted the orders under s 380 because the executors assessed the estate as insolvent, a substantial claim existed and the executors lacked funds to defend it, the claimants consented to the orders, and the Official Assignee was willing to administer the estate.
Source-derived case information.
- Citation
- [2019] NZHC 969
- Parties
- Applicant/executor: Bruce Cyril McNiece; Applicant/executor: Diana Rutherturnbull-Anderson; Claimants/respondents: James Glover and Margaret Sewell; Interested Party/proposed Administrator: Official Assignee
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 6 May 2019
- Procedural Posture
- Insolvency Administration of Deceased Estate (part 6, Insolvency Act 2006) / Application for Order of Administration; Judgment Delivered by Consent on the Papers
- Outcome
- Orders made by consent under s 380 of the Insolvency Act 2006 appointing the Official Assignee to administer the deceased estate; current administrators removed; costs to be paid from the estate.
- Legal Topics
- Order of Administration, Appointment of Official Assignee, Estate Insolvency
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bruce Cyril McNiece
Applicant/executor
Diana Rutherturnbull-Anderson
Applicant/executor
James Glover and Margaret Sewell
Claimants/respondents
Official Assignee
Interested Party/proposed Administrator
Procedural Posture
Insolvency Administration of Deceased Estate (part 6, Insolvency Act 2006) / Application for Order of Administration; Judgment Delivered by Consent on the Papers
Legal Issues
- 1 Whether the estate should be administered under Part 6 of the Insolvency Act 2006
- 2 Whether the current administrators should be removed and the Official Assignee appointed
- 3 Whether the costs of the application should be paid out of the estate
Ratio Decidendi
The Court granted the orders under s 380 because the executors assessed the estate as insolvent, a substantial claim existed and the executors lacked funds to defend it, the claimants consented to the orders, and the Official Assignee was willing to administer the estate.
Court Disposition
Orders made by consent under s 380 of the Insolvency Act 2006 appointing the Official Assignee to administer the deceased estate; current administrators removed; costs to be paid from the estate.
Orders
- The estate of the deceased is to be administered under Part 6 of the Insolvency Act 2006.
- The current administrators no longer administer the estate.
Full Case Text
Judgment text and source record
1 paragraphs
Estate of Horrocks application for order of administration [2019] NZHC 969 [6 May 2019]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYI TE KŌTI MATUA O AOTEAROATĀMAKI MAKAURAU ROHECIV-2019-404-638[2019] NZHC 969IN THE MATTER of Part 6 of the Insolvency Act 2006ANDIN THE MATTER of an application by BRUCE CYRILMCNIECE AND DIANA RUTHERTURNBULL-ANDERSON ASEXECUTORS OF THE ESTATE OFROSEMARY JANE HORROCKS for anorder of administration of a deceased estateunder Part 6 of the Insolvency Act 2006Hearing: On the papersCounsel: D Grove for the ApplicantsJ I Taylor for Party Served with applicationJudgment: 6 May 2019JUDGMENT (BY CONSENT) OF MUIR JThis judgment was delivered by me on Monday 6 May 2019 at 3.00 pm pursuant to Rule 11.5 of theHigh Court Rules.Registrar/Deputy Registrar Date:Counsel:D Grove, Barrister, AucklandSolicitors:Foy & Halse, Auckland (G Halse/Nelson Wu)Wynn Williams, Auckland. (J I Taylor)Copy to the Official Assignee[1] The applicants, who are the executors of the estate of Rosemary Jane Horrocks,seek orders that:(a) the estate of the deceased be administered under Part 6 of theInsolvency Act 2006;(b) the current administrators no longer administer the estate;(c) the Official Assignee administer the estate; and(d) the costs of and incidental to the application be paid out of the estate.[2] The application arises out of the executors' assessment that the estate isinsolvent. The principal reason for such insolvency is a claim made on the estate byJames Glover and Margaret Sewell relating to non-completion of an agreement forsale and purchase signed by the deceased shortly before her death. The Executors donot have the funds to continue the defence of that claim.[3] Mr Glover and Ms Sewell consent to the orders sought.[4] I am satisfied that the case is an appropriate one for orders pursuant to s 380 ofthe Insolvency Act 2006. I note further counsel for the applicants' advice that theOfficial Assignee is prepared to abide the decision of the Court in relation toappointment.[5] I accordingly make orders by consent in the terms appearing in para [1] of thisjudgment.__________________________Muir J