24 Feb 2023
COBURN v MCDONALD [2023] NZHC 300
- Citation
- [2023] NZHC 300
- Court
- High Court
Part 18 was directed to apply; the defendant's late and insufficient explanation for failing to file a defence meant an extension of time and adjournment were unjustified; unexplained, protracted delay and apparent conflation of estate and trust matters prejudiced beneficiaries and made replacement expedient under s 21, so the court removed Stephen McDonald as executor and appointed Alison Gilbert as replacement executor.