New Zealand Case Law: Decisions & Judgments

Topic

Appointment of administrator

Legal area

Court

31 Oct 2023

PARKINSON v BODY CORPORATE 62124 [2023] NZHC 3050

Citation

[2023] NZHC 3050
Court

High Court

The body corporate was dysfunctional and unable to make or implement decisions to address an imminent risk posed by a failing retaining wall; under s141 Unit Titles Act 2010 an administrator should be appointed to exercise the powers and duties of the body corporate, set levies, obtain advice and pursue dispute resolution or litigation as necessary; Mr John Greenwood was the most suitable local, hands-on appointee and is appointed on specified terms for 12 months.
13 Oct 2023

WESTWIND PROPERTIES LIMITED v BODY CORPORATE 104724 [2023] NZHC 2873

Citation

[2023] NZHC 2873
Court

High Court

Indemnity costs were not justified because Westwind's application primarily benefited itself (sale and correction of its own defective development), the circumstances differed materially from May, and the Calderbank offer was conditional, unquantified and not readily comparable to the litigation outcome; accordingly costs were awarded on a 2B scale in specified amounts.
22 Aug 2023

KANG v PERPETUAL TRUST LIMITED [2023] NZHC 2276

Citation

[2023] NZHC 2276
Court

High Court

The stay and broad interim injunctive relief were refused because the orders sought were non‑executory or ambiguous, would disrupt the existing status quo in which PTL has acted as administrator for over two years, risked substantial prejudice to other beneficiaries, and were not narrowly tailored to identifiable actions warranting restraint; accordingly PTL must be allowed to continue acting as administrator pending appeal.
18 Aug 2023

PUBLIC TRUST v ANDREWS [2023] NZHC 2245

Citation

[2023] NZHC 2245
Court

High Court

Because proceedings touching the validity of the will were pending, it was necessary to preserve and manage estate assets (including vacant property), and Public Trust was neutral, suitably qualified and named as executor under either will, the court properly exercised its power under s 7 to appoint Public Trust as temporary administrator and directed service on the relevant parties including the deceased's daughter personally.
17 Aug 2023

KANG v PERPETUAL TRUST LIMITED [2023] NZHC 2231

Citation

[2023] NZHC 2231
Court

High Court

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…
10 Jul 2023

WESTWIND PROPERTIES LIMITED v BODY CORPORATE 104724 [2023] NZHC 1767

Citation

[2023] NZHC 1767
Court

High Court

Cause existed to appoint an administrator for limited purposes because the Body Corporate members, through coordinated communications and conditional demands, used Westwind's title defect as leverage and thereby caused unnecessary and gratuitous injury; appointment limited to implementing the substituted proposed unit development plan and deposit of a complete unit plan, with the administrator exercising powers under s 141(5) to sign and lodge required documents, obtain consents and report, but without the power to exclude or nullify the statutory designated resolution/objection process.
20 Feb 2023

CALLANDER v BODY CORPORATE 91384 [2023] NZHC 215

Citation

[2023] NZHC 215
Court

High Court

Where an applicant's concerns that a body corporate is dysfunctional, non-compliant with statutory duties, has made unlawful decisions and lacks proper governance are reasonably grounded, and practical governance failures exist (including no chairperson), the Court will exercise its discretion under s141 and appoint an administrator on the terms proposed in the application.
8 Feb 2023

TRUSTEES EXECUTORS LIMITED v POPPE [2023] NZHC 126

Citation

[2023] NZHC 126
Court

High Court

Application to dispense with service was dismissed in part because the applicant failed to provide sufficient information and had procedural shortcomings; service must be given to entities and individuals who are likely to be materially affected (specifically First Church of Christ Scientist Wellington and Greenpeace of New Zealand) and there was insufficient basis to dispense service for other named individual beneficiaries absent further information or consents.
31 Jan 2023

BARTLETT v GILLESPIE [2023] NZHC 42

Citation

[2023] NZHC 42
Court

High Court

The court was satisfied that proceedings touching the validity of the will were pending (caveat and application for probate in solemn form), that interim administration was necessary because the caveat prevented securing assets and paying creditors, and that the proposed appointee was suitably qualified and consented to by the parties; accordingly the s 7 appointment of Clare Frances Marie Toomey as temporary administrator was granted.
9 Jun 2022

PARBHU v PARBHU [2022] NZHC 1360

Citation

[2022] NZHC 1360
Court

High Court

The Court, exercising jurisdiction under s 21(1) Administration Act 1969, granted the applicants' orders sought in [1.1](a) and [1.1](b) but substituted Mr William Malcolm Patterson, Auckland solicitor, for the Public Trust; the orders were made to take immediate effect.