JURISICH v HARRIS [2016] NZHC 525

JURISICH v HARRIS [2016] NZHC 525

The order nisi was discharged because undisputed post-hearing conduct by the order nisi administrator — namely making substantial distributions to beneficiaries the day before the s 61 hearing and paying himself an undeclared administrator fee — demonstrated that he should not continue even provisionally; accordingly the Court discharged the order nisi and appointed the Public Trust as temporary administrator under s 7 to preserve estate assets pending further proceedings.

Citation
[2016] NZAR 754
Parties
Caveator: Jeana Jurisich; Applicant for Letters of Administration / Respondent: Desmond Harris
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 March 2016
Procedural Posture
Application for Letters of Administration Under the Administration Act 1969 (caveat Proceedings) / Section 61 Show Cause Hearing; Order Nisi Considered and Discharged; Temporary Administrator Appointed Pending Further Proceedings
Outcome
Order nisi in favour of Desmond Harris discharged; Public Trust appointed temporary administrator subject to acceptance; directions given as to cooperation and costs memoranda
Legal Topics
Letters of Administration, Caveat, Order Nisi, Show Cause Hearing (s 61), Solemn Form, Temporary Administrator (s 7), Discharge of Order Nisi, Appointment of Administrator
Probate and Administration Estate Law Civil Procedure Letters of Administration Caveat Order Nisi Show Cause Hearing (s 61) Solemn Form +3 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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jeana Jurisich

Caveator

Desmond Harris

Applicant for Letters of Administration / Respondent

Procedural Posture

Application for Letters of Administration Under the Administration Act 1969 (caveat Proceedings) / Section 61 Show Cause Hearing; Order Nisi Considered and Discharged; Temporary Administrator Appointed Pending Further Proceedings

Legal Issues

  1. 1 Whether the order nisi should be made absolute, discharged, or the application ordered to proceed in solemn form
  2. 2 Whether the applicant (Desmond Harris) is a suitable person to be appointed administrator
  3. 3 Whether interim distributions and an undeclared 'administrator fee' made by the applicant were proper while only an order nisi existed

Ratio Decidendi

The order nisi was discharged because undisputed post-hearing conduct by the order nisi administrator — namely making substantial distributions to beneficiaries the day before the s 61 hearing and paying himself an undeclared administrator fee — demonstrated that he should not continue even provisionally; accordingly the Court discharged the order nisi and appointed the Public Trust as temporary administrator under s 7 to preserve estate assets pending further proceedings.

Court Disposition

Order nisi in favour of Desmond Harris discharged; Public Trust appointed temporary administrator subject to acceptance; directions given as to cooperation and costs memoranda

Orders

  • The order nisi in favour of Desmond Harris dated 12 August 2015 is discharged.
  • The Public Trust is appointed temporary administrator, subject to it confirming to the Registrar that it will accept appointment; the Public Trust is entitled to recover reasonable remuneration for its services from the deceased's estate at its usual rates.