8 Sept 2023
The Court validated the handwritten 30 July 2008 document as the deceased's last will under s 14 of the Wills Act 2007 because it was in the deceased's handwriting, signed by her, expressed clear testamentary intention, was consistent with prior testamentary documents and there was no evidence of a subsequent change in intention.
30 Aug 2023
The evidence established the loan was repaid in 1975 and the mortgagees cannot be located and are likely deceased; accordingly, under s 109(1)(a) Property Law Act 2007 the court had jurisdiction and it was appropriate to order discharge of the mortgage and to dispense with service and allow commencement by originating application.
12 May 2023
The court applied s 32 of the Wills Act 2007 and external evidence of the statutory succession from MRC to HRC and the deceased's clear testamentary intention to benefit health‑related charities to interpret 'the Medical Research Council of New Zealand' in clause 4(b)(iv) as 'the Health Research Council of New Zealand'; the originating application procedure and dispensing with service were appropriate given consent, and costs were ordered to be paid from the estate on a solicitor‑client basis.
19 Dec 2022
The Court granted leave to use the originating application procedure and made an order dispensing with service on all co-owners except the non-consenting co-owner, concluding that the respondent's asserted $30,000 adjustment did not preclude the procedural route sought and could be dealt with by retention of funds if necessary, enabling progression to sale and distribution proceedings.
15 Dec 2022
Because no executor remained, the applicant volunteered and was requested by beneficiaries to act, there were no objections and the estate was modest, the court exercised its discretion under s 6(2) to appoint Reverend Diana Anne Tana as executor, dispensed with service as unnecessary, and ordered costs of the applications may be paid from the estate.
11 May 2022
The Court granted the originating application under Part 19, dispensed with service, and pursuant to ss 52 and 59 of the Trustee Act 1956 vested the legal estate in the property at 1/118 Ladies Mile, Ellerslie in the applicants as current trustees, authorising the Registrar‑General of Land to record the transfer; the costs of the application were ordered to be met from the assets of the trust.
29 Apr 2022
The application to dispense with service on the three charities was declined because there is uncertainty about the charities' identity and entitlement, prior authorities required consultation or service of the charities, and it was not just to exclude them; the Court therefore directed service on the charities and allowed conditional email service for contingent beneficiaries.
4 Apr 2022
Leave was granted to commence by originating application under r 19.5 because it was in the interests of justice (summary, administrative, no need for pleadings); service on Cynthia was dispensed with due to her incapacity and lack of impact on her beneficiary interest; a vesting order under s 52 Trustee Act 1956 was warranted to record the current trusteeship of HGW Trustee's Limited and Stumbles Trustees Limited and enable proper administration of the trust property.
12 Nov 2021
Because the deceased was the sole director and shareholder, probate was granted and resealed, no other party had an interest, and registration could only be effected by court order, the High Court exercised its powers under s91 (and related powers) to grant rectification of the share registers, grant leave to commence by originating application and dispense with service.
11 Nov 2021
The originating application for rectification was granted because probate established the applicant's authority as executor, the company shares are assets of the deceased's estate, no competing interest was identified, and it was appropriate to grant leave to commence by originating application and to dispense with service to effect rectification of the share register.