New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Estate insolvency

Legal area

Court

6 May 2019

Estate of Horrocks application for order of administration [2019] NZHC 969

Citation

[2019] NZHC 969
Court

High Court

The Court granted the orders under s 380 because the executors assessed the estate as insolvent, a substantial claim existed and the executors lacked funds to defend it, the claimants consented to the orders, and the Official Assignee was willing to administer the estate.
8 Apr 2019

F M CUSTODIANS LTD & DYNES v MCHAFFIE [2019] NZHC 733

Citation

[2019] NZHC 733
Court

High Court

Evidence established that creditors' claims exceeded the estate's assets, the administrators failed to apply for Part 6 administration within the statutory 15 working day period after request, and co-executors were in conflict preventing proper administration; consequently the Court ordered administration under Part 6, removed the current trustees and appointed the Public Trust and directed costs be paid from estate funds.