6 Dec 2023
The plaintiff was entirely successful; costs follow the event; scale (2B) costs and claimed disbursements were justified because the defendant failed in core duties, was conflicted, delayed administration and his conduct increased costs; the estate will not be ordered to pay and the defendant is not entitled to indemnity given his conflict.
25 Nov 2022
It was expedient under s21 Administration Act 1969 to remove Lilawati Mohan Parbhu as executrix and appoint an independent, experienced solicitor (William Malcolm Patterson) because the respondent's personal interests and conflict with the applicants risked prejudicing beneficiaries and the impartial investigation and potential litigation (notably enquiries under the PRA and possible Family Protection Act claims); the Court could not conclude PRA-based claims were bound to fail and the respondent could not be expected to pursue them impartially.