CLARK v WILLIAMS [2022] NZHC 3205

CLARK v WILLIAMS [2022] NZHC 3205

The challenged orders in Nation J's earlier judgment were interim/continuing and have served their purpose; accordingly, on the parties' consent and because the orders no longer serve a purpose, a full High Court Judge may discharge the specified interim orders and make the consent orders recorded in the parties' memorandum, with the proceedings discontinued.

Citation
[2022] NZHC 3205
Parties
Plaintiff: John Robertson Clark; First Respondent: Robyn Lisbeth Williams; Second Respondent: Monique Nancye Phillips Selfe
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 December 2022
Procedural Posture
Letters of Administration (estate) / Application for Letters of Administration; Consent Orders and Discontinuance on the Papers
Outcome
Consent orders made discharging specified interim orders of Nation J; proceedings discontinued; no orders as to costs.
Legal Topics
Letters of Administration, Next of Kin, Death Certificate, Consent Orders, Interim Orders, Discharge of Orders
Estates and Probate Civil Procedure Death Registration Inherent Jurisdiction Letters of Administration Next of Kin Death Certificate Consent Orders +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

John Robertson Clark

Plaintiff

Robyn Lisbeth Williams

First Respondent

Monique Nancye Phillips Selfe

Second Respondent

Procedural Posture

Letters of Administration (estate) / Application for Letters of Administration; Consent Orders and Discontinuance on the Papers

Legal Issues

  1. 1 Whether a High Court judge can discharge sealed interim orders made pursuant to the Court's inherent jurisdiction
  2. 2 Whether the orders in Nation J's judgment were interim/continuing and therefore capable of discharge
  3. 3 Resolution of who qualifies as the deceased's next of kin and the effect on the death certificate and estate funds

Ratio Decidendi

The challenged orders in Nation J's earlier judgment were interim/continuing and have served their purpose; accordingly, on the parties' consent and because the orders no longer serve a purpose, a full High Court Judge may discharge the specified interim orders and make the consent orders recorded in the parties' memorandum, with the proceedings discontinued.

Court Disposition

Consent orders made discharging specified interim orders of Nation J; proceedings discontinued; no orders as to costs.

Orders

  • Discharge of orders in Nation J judgment dated 28 October 2021, specifically para [11](j)(iii) and (iv)
  • Make consent orders as set out in para [5] of the joint memorandum of counsel dated 25 October 2022 (reflecting the parties' settlement regarding funeral arrangements, plaque wording, appointment of an administrator, not naming a partner on the death certificate and treatment of funds)