6 Aug 2020
Award 2B scale costs as the appropriate and reasonable contribution: the matter was not complex, did not involve exceptional circumstances, and the respondents' claim for 3C uplift for three items was not justified; indemnity costs were not awarded despite a Calderbank offer. The respondents are awarded $11,343 on a 2B basis plus reasonable disbursements approved by the Registrar.
14 Feb 2020
Given the Public Trust's appointment as administrator, the necessity of vesting title to enable sale, the consent of Ms Sargent and the residuary beneficiaries, and Mrs Tate's incapacity, the Court was satisfied that service was unnecessary and that a vesting order should be made; accordingly the Court removed the respondents' names from the title and vested title in the Public Trust.
21 Aug 2019
Summary judgment was appropriate because the defendant had no tenable defence; the administrators' mutual mistrust and repeated inability to implement agreements caused substantial delay and impaired proper administration of the estate, and under s 21 the expedient solution for beneficiaries was removal of both administrators and appointment of an independent solicitor (Vicki M. Ammundsen).
10 Feb 2015
Respondents were not entitled to priority as administrators and their continued involvement threatened disagreement and disproportionate expense in a small estate; removal under s21(1) as expedient was justified, the estate vests in the applicants as administrators as joint tenants, and appointment of Public Trust was unnecessary absent misconduct or cross-application; costs awarded on a limited 2B basis.
3 Dec 2013
Because administration was stalled by multiple unresolved disputes and an impasse, and removal would be a suitable, practical and efficient means to advance the interests of the estate and beneficiaries under s21/s51, it was expedient to remove the present executors/trustees and appoint the Public Trust (Whangarei) to complete administration; costs were justified and reserved for quantification and payment in the estate wash-up.
3 Dec 2013
Having been shown the estate was insolvent, with co-executors consenting and the Official Assignee willing to act, the court ordered administration under Part 6 and appointed the Official Assignee, removing the current administrators.
22 Nov 2013
The adjournment was refused because the removal application is independent of the newly filed equitable fraud claims, the respondent is entitled to have his removal application heard without delay, and refusal to adjourn does not cause undue prejudice to the applicants who can seek costs if the adjournment application fails; accordingly the removal hearing should proceed as scheduled.
6 Jun 2012
The Court removed Robert Bruce McIlraith because his acceptance of administration was inconsistent with the spirit of the 2006 consent order and his removal was expedient to preserve beneficiaries' welfare and reduce family hostility; the Court refused to remove James Wallace because the testatrix validly appointed him, there was no cogent evidence of misconduct or conflict sufficient to justify removal, and the exercise of the wide discretionary jurisdiction was inappropriate on summary judgment.