New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Lex situs

Legal area

Court

21 Aug 2014

SCHUMACHER v SUMMERGROVE ESTATES LIMITED CA659/2013 [2014] NZCA 412

Citation

[2014] 3 NZLR 599
Court

Court of Appeal

The Court held that the constructive trust claim concerns immovable property in Ireland and is governed by Irish law (lex situs); Ireland is the forum with the most real and substantial connection and the appropriate forum for trial, so the New Zealand proceedings should not continue; the appeal was dismissed.
8 Jun 2006

HAMBLETT & ORS V HAMBLETT HC AK CIV 2005-404-005488

Citation

openlaw-843c2e9a_78aa_4b62_8a31_8918fa859925.pdf
Court

High Court

The Will is to be construed under New Zealand law; clause 5 requires payment of administration expenses, including UK inheritance tax, from the general residue prior to division; accordingly the residuary estate must be distributed equally as net shares among the four beneficiaries; the Deed of Family Arrangement constitutes a full and final settlement that bars the widow from contesting an equal net division.