12 Oct 2023
Leave to appeal was granted because the issue whether the estate had been finally distributed under s6 of the Law Reform (Testamentary Promises) Act 1949 raised a debatable point of law of some precedential importance, the applicant could not otherwise pursue that component of his claim, and the interests of justice favoured granting leave despite delay.
17 Aug 2023
Costs follow the event. No exceptional circumstances (such as disputed capacity or testator fault) justified ordering all or part of the costs against the estate. The application fell within category 2 of r14.3. Multiple separate awards to individually represented defendants were inappropriate under r14.15; a single award was ordered for the second and third defendants. Perpetual Trust Limited was awarded costs limited to the estate-related assistance it provided. Specific sums were quantified: $29,861.75 to the second and third defendants jointly and $15,581.50 to Perpetual Trust Limited, bo…
7 Jun 2023
Removal was expedient under s 21 because (1) Laurel's Family Protection claim created a conflict requiring her removal; and (2) Cindy and Jason's conduct (failure to secure and transfer company shares into executor ownership, Cindy's sole directorship, persistent delay, and Jason's overseas residence) created real risks of prejudice to beneficiaries and impeded efficient administration, so appointment of an independent professional executor was necessary to protect beneficiaries and resolve claims promptly.
17 May 2023
Leave to commence the Administration Act proceedings by originating application was granted because the issues are straightforward and confined, the proceedings can be justly, speedily and inexpensively determined in that form, there is urgency and the High Court Rules permit leave to be sought without notice; accordingly directions for service and referral for further directions were made.
5 Apr 2023
There is an arguable proprietary estoppel claim (serious question to be tried); on balance of convenience and overall justice the sale of the home should be postponed, but only subject to strict conditions ensuring prompt pursuit or resolution of the claimant's substantive claims and payment of outgoings; administrators’ indemnity will not be confirmed at this stage; administrators’ costs are to be met from the estate.
28 Mar 2023
Joinder was declined because the applicant failed to demonstrate any substantive legal or tikanga‑based right that could be affected by the proceedings; the joinder discretion must be exercised only where the additional party's rights may be impacted, and here joinder would cause delay and prejudice to parties who largely consent to the proposed administration of the estate.
28 Nov 2022
The injunction application was effectively determined in the applicant's favour by the defendant's without‑admission undertaking, so costs of that interlocutory application are fixed now and awarded to Kenneth on a 2B basis; the High Court transferred the damages claim (circa $12,475) to the District Court as unsuitable for the High Court; the defendant is ordered personally to pay the Estate's costs in the probate proceeding on a 2B basis plus disbursements and the Estate is authorised to deduct those costs from the defendant's share of the Estate.
31 Oct 2022
When the deceased's sons seized the motorhome with bolt cutters and removed it on 21 January 2018 there was a sudden physical loss within the insurance policy period; the motorhome was always owned by the deceased's estate and the administrator's title relates back; IAG erred in denying the claim on the basis of alleged uncertain ownership or lack of police charges; no real question to be tried remained and summary judgment was correctly entered for the insured.
20 Jul 2022
Although Perpetual likely retains formal authority as administrator, given the pending contest over recall of letters of administration and grant of probate and the inclusion of the same properties in other related proceedings, there was a real risk of prejudice to Perpetual and other beneficiaries and of multiplicity/abuse of process if the properties were transferred now; Plaintiff's prejudice was not substantial because stay was temporary and the Court retained power to vest title if necessary; accordingly a temporary stay was justified and granted with costs to Perpetual.
1 Sept 2021
The defendant was substantially successful because he secured the outcome he sought (appointment of an independent solicitor and confirmation as joint executor), costs follow the event, and although plaintiffs' position had some merit the case did not justify an uplift; accordingly plaintiffs were ordered to pay defendant costs fixed at $6,214 with disbursements to be fixed by the Registrar.