17 May 2023
Leave to commence the Administration Act proceedings by originating application was granted because the issues are straightforward and confined, the proceedings can be justly, speedily and inexpensively determined in that form, there is urgency and the High Court Rules permit leave to be sought without notice; accordingly directions for service and referral for further directions were made.
26 Aug 2022
Leave to proceed by originating application was granted and an order under s 324(4)(a) was made vesting Unit H in Picklepie Limited because the applicant demonstrated it had approached all potential claimants, the liquidators and mortgagee did not assert an interest, independent advice found no realistic constructive trust, and the Crown (Treasury) did not object and would abide the Court’s decision, satisfying the statutory criteria for vesting.
12 Nov 2021
Because the deceased was the sole director and shareholder, probate was granted and resealed, no other party had an interest, and registration could only be effected by court order, the High Court exercised its powers under s91 (and related powers) to grant rectification of the share registers, grant leave to commence by originating application and dispense with service.
13 Oct 2021
On the facts the applicant demonstrated an objective and credible basis to believe the two identified Outlook email accounts contain documents relating to the deceased's property, conduct and dealings and are effectively concealed because the applicant cannot access them; s150 empowers the Court to issue a search warrant encompassing electronic/cloud accounts as a 'locality' and authorise seizure subject to conditions to protect privacy and privilege; leave to commence by originating application was appropriate in the interests of justice.
27 Aug 2021
Leave to commence by originating application was declined for lack of justification; the Court removed Kiritea Atkins as trustee under s112 Trusts Act 2019 and appointed BGL Trustee 2012 Limited under s114 because the trusteeship required unanimity, an impasse existed that risked frustrating urgent resolution of a mortgage default and sale of the sole trust asset, and the proposed replacement ensured at least two trustees and proper administration; costs issue reserved.
22 Nov 2017
Indemnity or increased costs are not warranted because the applicant made an honest error and did not act unreasonably or in bad faith and the substantive issues remain undecided; however the applicant improperly commenced proceedings by originating application without leave and represented that leave had been granted, so standard 2B costs of $8,920 are awarded against the applicant.
16 Aug 2016
Transfer declined because Parliament enacted a specific ACC appeal regime that contemplates initial determination in the District Court with broad evidentiary powers; permitting direct transfer to the High Court would subvert that statutory scheme, likely prejudice the appellant by removing appellate steps, and was not shown to be desirable. Leave to commence defamation proceedings by originating application declined because the claim will be contested and must follow ordinary pleading and procedural requirements under the Rules.
24 Mar 2015
Leave to commence the proceeding by originating application was granted under r 19.5 and, under r 7.59, the Official Assignee was appointed receiver of all property owned by Get A Life Ltd for the purpose of preserving the company's assets pending the completion of the bankruptcy proceedings against Mr Groves.
28 Oct 2014
Leave to commence by originating application was granted and a vesting order under s119(2) of the Insolvency Act 2006 was made because the Official Assignee had validly disclaimed the property under s117, that disclaimer extinguished the Official Assignee's interests under s118, there were no competing claims by creditors, the Crown did not oppose vesting, and it was fair in all the circumstances to vest the property in the applicants.
12 Mar 2014
Leave to proceed by originating application was granted but substantive removal of the executors was not determined for reasons of fairness, need for potential cross-examination and discovery, and proportionality of costs; leave to apply for cross-examination and discovery was reserved and a one-day hearing was directed to be timetabled after 25 April 2014 with standard directions for bundles and submissions and costs reserved.