RE LANE [2017] NZHC 1800

RE LANE [2017] NZHC 1800

The applicant provided a verified account showing the estate's assets were insufficient to meet liabilities as required by s380; the application appropriately proceeded without notice under the High Court Rules; given the insolvency and the complexity and potential claims against the estate the Official Assignee was best placed to administer the estate under s385; accordingly the court removed the applicant as administrator, appointed the Official Assignee, vested the estate in the appointee under s387, and ordered payment of the applicant's reasonable costs as proper costs in due administration under s393(1).

Citation
[2017] NZHC 1800
Parties
Applicant/executor: Melissa Margaret Lane; Deceased: Shaun Quigley; Appointee: Official Assignee (Hamilton)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 August 2017
Procedural Posture
Originating Application Under the Insolvency Act 2006 for Administration of an Insolvent Estate / On the Papers (without Notice)
Outcome
Application granted: estate to be administered under Part 6; applicant removed as administrator; Official Assignee (Hamilton) appointed and estate vested in appointee; applicant's reasonable costs payable as proper costs in due administration.
Legal Topics
Administration Under Part 6 of the Insolvency Act 2006, Appointment of Official Assignee Under S385, Vesting of Estate Under S387, Costs in Due Administration Under S393, Without Notice Originating Application (high Court Rules)
Insolvency Estates and Probate Civil Procedure Administration Under Part 6 of the Insolvency Act 2006 Appointment of Official Assignee Under S385 Vesting of Estate Under S387 Costs in Due Administration Under S393 Without Notice Originating Application (high Court Rules)

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Parties

Melissa Margaret Lane

Applicant/executor

Shaun Quigley

Deceased

Official Assignee (Hamilton)

Appointee

Procedural Posture

Originating Application Under the Insolvency Act 2006 for Administration of an Insolvent Estate / On the Papers (without Notice)

Legal Issues

  1. 1 Whether the estate is insolvent such that administration under Part 6 is required under s380
  2. 2 Whether the Official Assignee should be appointed to administer the estate under s385
  3. 3 Whether the application could be heard without notice under the High Court Rules

Ratio Decidendi

The applicant provided a verified account showing the estate's assets were insufficient to meet liabilities as required by s380; the application appropriately proceeded without notice under the High Court Rules; given the insolvency and the complexity and potential claims against the estate the Official Assignee was best placed to administer the estate under s385; accordingly the court removed the applicant as administrator, appointed the Official Assignee, vested the estate in the appointee under s387, and ordered payment of the applicant's reasonable costs as proper costs in due administration under s393(1).

Court Disposition

Application granted: estate to be administered under Part 6; applicant removed as administrator; Official Assignee (Hamilton) appointed and estate vested in appointee; applicant's reasonable costs payable as proper costs in due administration.

Orders

  • Leave granted to commence the proceeding by way of originating application without notice
  • The estate of the late Shaun Quigley is to be administered under Part 6 of the Insolvency Act 2006