15 Feb 2023
STEWART v WHEELER [2023] NZHC 192
- Citation
- [2023] NZHC 192
- Court
- High Court
Summary judgment removing the defendant and appointing a replacement was appropriate because the plaintiff established there was no arguable basis to resist removal: the defendant had caused substantial delay since probate without justification, failed to appreciate and discharge fiduciary obligations including producing accounts and reporting, acted partial and unilaterally without recognising the plaintiff's legal co‑ownership and entitlement, and an irredeemable level of hostility risked ongoing prejudice to beneficiaries; appointment of Tom Mahony was appropriate as an independent and exp…