New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executorship and renunciation

Legal area

Court

2 Jul 2020

EYTON v EYTON [2020] NZHC 1538

Citation

[2020] NZHC 1538
Court

High Court

Both summary judgment applications were unrealistic and inappropriate to determine interlocutorily on the material before the Court; the appropriate course is to reserve costs until the substantive litigation is determined to preserve flexibility and discretion as to apportionment, with any costs against the deceased plaintiff to be in the capacity of administrator of that estate.
23 Sept 2016

Smith v Ball [2016] NZHC 2249

Citation

[2016] NZHC 2249
Court

High Court

Costs were refused because the applicant had not specifically invited the named executor to renounce executorship prior to making the without‑notice application and, in any event, the applicant would in any event have had to apply for appointment; the respondent's conduct of not applying for probate in the circumstances did not justify an order for costs against him.