12 Aug 2022
WYLLIE and LATHAM v FIRMIN [2022] NZHC 1994
- Citation
- [2022] NZHC 1994
- Court
- High Court
Recall application dismissed: (1) applicants had standing; (2) no breach of natural justice because counsel was on notice and addressed contractual basis and caveat focus is the interest as worded, not the pleaded substantive causes of action; (3) Associate Judges lack jurisdiction to determine vacant possession orders when not by summary judgment but that defect did not justify recall because the possession application was not finally determined and did not affect the substance of the decision; (4) costs ordered against former executors personally to reflect their unreasonable conduct — two…