11 May 2018
FOX v FOX [2018] NZHC 1021
- Citation
- [2018] NZHC 1021
- Court
- High Court
Respondents occupy estate land without legal entitlement and thus are unlawful occupiers within r13.1; procedural irregularity in commencing by originating application is cured and the matter is correctly determined under Part 13; alleged oral agreement and unsigned family settlement cannot bind the estate and, if made by the executor, would breach executor duties; accordingly the executor is entitled to possession and relief is granted ordering vacating of the properties within 28 days.