27 Jun 2023
SWANWICK v BOSTOCK [2023] NZHC 1600
- Citation
- [2023] NZHC 1600
- Court
- High Court
The Court found as a fact that the deceased father's estate had been finally distributed because the executorial functions had been completed and assets were being held by the personal representative in his capacity as trustee; accordingly the Court had no jurisdiction under the proviso to s 6 to extend time and the interlocutory application for extension was dismissed; alternatively, even if jurisdiction existed the Court would have declined to exercise its discretion because the applicant's long delay was inadequately explained and his claim was not strong on the affidavit evidence.