7 Dec 2023
LOADER v LOADER [2023] NZHC 3492
- Citation
- [2023] NZHC 3492
- Court
- High Court
Leave under r 19.5 was granted because the proposed s 339 application is a narrowly-defined statutory application amenable to the originating application procedure: the statutory issues are predetermined by s 339 and s 342, the dispute is confined and suited to affidavit evidence, no joinder or discovery is likely to be necessary, and the interests of justice (including the settlor's incapacity and ongoing financial burden) require a speedy and inexpensive resolution.
- Order for sale of property
- Division of proceeds among co-owners
- Originating application (r 19.5)
- Capacity and trusteeship
- Statutory test under s 339 and considerations under s 342