ALISON ELIZABETH MORGAN AS EXECUTOR OF THE ESTATE OF EILEEN AMELIA JOHANNA WILLIAMS V DENIS JOHN MORGAN CA19/2010
The appeal is allowed by consent because the parties settled the matter on terms set out in their memorandum of 11 November 2010; accordingly no further steps are required of the Court and no order as to costs is made.
Source-derived case information.
- Citation
- openlaw-fa9d034f_5764_494a_936d_97d632c2ac11.pdf
- Parties
- Appellant: Alison Elizabeth Morgan as Executor of the Estate of Eileen Amelia Johanna Williams; Respondent: Denis John Morgan
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 11 November 2010
- Procedural Posture
- Appeal / Judgment on Appeal (oral Judgment)
- Outcome
- Appeal allowed by consent; no order as to costs.
- Legal Topics
- Executor, Settlement Agreement, Appeal Allowed, Costs
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alison Elizabeth Morgan as Executor of the Estate of Eileen Amelia Johanna Williams
Appellant
Denis John Morgan
Respondent
Procedural Posture
Appeal / Judgment on Appeal (oral Judgment)
Legal Issues
- 1 Whether the appeal should be allowed by consent/settlement
- 2 Whether any order as to costs should be made
Ratio Decidendi
The appeal is allowed by consent because the parties settled the matter on terms set out in their memorandum of 11 November 2010; accordingly no further steps are required of the Court and no order as to costs is made.
Court Disposition
Appeal allowed by consent; no order as to costs.
Orders
- Appeal allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
ALISON ELIZABETH MORGAN AS EXECUTOR OF THE ESTATE OF EILEEN AMELIA JOHANNA WILLIAMS V DENIS JOHN MORGAN CA19/2010 11 November 2010IN THE COURT OF APPEAL OF NEW ZEALAND CA19/2010 [2010] NZCA 512BETWEEN ALISON ELIZABETH MORGAN AS EXECUTOR OF THE ESTATE OF EILEEN AMELIA JOHANNA WILLIAMS Appellant AND DENIS JOHN MORGAN Respondent Hearing: 11 November 2010 Court: Glazebrook, Hammond and Ellen France JJ Counsel: P S Davidson and J Liddicoat for Appellant B A Corkill QC for Respondent Judgment: 11 November 2010 at 11 amORAL JUDGMENT OF THE COURT A The appeal is allowed. B No order as to costs. REASONS OF THE COURT(Given by Ellen France J) [1] The parties are agreed the appeal should be allowed. The matter has been settled on terms agreed between the parties as set out in a memorandum between them of 11 November 2010. No further steps are required of this Court.[2] The appeal is accordingly allowed. We make no order as to costs.Solicitors: Michelle Duggan, Nelson for Appellant Mary C Jeffcoat, Wellington for Respondent