New Zealand Case Law: Decisions & Judgments

Topic

Service directions

Legal area

Court

8 Jun 2023

RE ESTATE OF HENRY SOLE [2023] NZHC 1417

Citation

[2023] NZHC 1417
Court

High Court

Leave granted to the Public Trust to commence the proceeding by originating application without notice under r 19.5 because it is in the interests of justice given the limited and narrow factual issues, the estate's modest value, the Public Trust's position as executor of two wills, and the cost‑effectiveness and practicality of that procedure; directions were given for service on the four living siblings and leave granted to seek further directions if needed.
29 Jun 2022

WAYNE HAYWARD FAMILY TRUST re HAYWARD TRUSTEE SERVICES LIMITED [2022] NZHC 1522

Citation

[2022] NZHC 1522
Court

High Court

Leave under r 19.5 was granted because the proceeding concerned straightforward, documentary questions about trustee resignations/appointments, adult beneficiaries were aware and supportive, interlocutory steps were unlikely, and permitting originating application best secured a just, speedy and inexpensive determination; service directions were given accordingly and the Court required consideration of a litigation guardian for Mr Hayward given his dementia.
4 Feb 2022

RE TREVOR WILSON TRUSTEE LIMITED [2022] NZHC 97

Citation

[2022] NZHC 97
Court

High Court

The Court granted leave to use the originating application for the s133 directions because it was efficient to consider the directions and the Charitable Trusts Act scheme application together, full pleadings and discovery were unnecessary given the purely interpretive nature of the issue, and hearing by originating application best promoted a just, speedy and inexpensive determination; the Court directed service on the parties named at para [2](k) and para [2](l) of the application and noted the statutory advertising and objection process under the Charitable Trusts Act 1957.
2 Feb 2022

SMITH v KEENAN [2022] NZHC 68

Citation

[2022] NZHC 68
Court

High Court

The judge accepted the affidavits showing reasonable efforts to effect personal service had been made and that emailing the documents to the debtor's known email addresses and sending copies by courier to her home address were methods likely to bring the documents to her attention; accordingly personal service was dispensed with and substituted service by those methods was ordered, with service deemed three working days after completion of both steps, and costs fixed on a 2B basis with disbursements to be costs in the cause.
1 Oct 2020

YOUNG v YOUNG [2020] NZHC 2569

Citation

[2020] NZHC 2569
Court

High Court

Leave pursuant to High Court Rules r19.5 was granted because the interests of justice required a just, speedy and inexpensive resolution, there was credible documentary evidence of advances (over $570,000) from the Moderate Trust to the L&P Trust creating an apparent conflict of interest for trustee Lachlan Young, and no significant factual disputes or need for interlocutory procedures were identified that would make the originating application procedure inappropriate.
24 Aug 2020

COMMISSIONER OF INLAND REVENUE v LIVINGSPACE PROPERTIES LIMITED (in rec and in liq) [2020] NZHC 2143

Citation

[2020] NZHC 2143
Court

High Court

The liquidator was unsuccessful overall: the inherent jurisdiction declaration was upheld and the service directions were rescinded as having arisen from a misconceived process; accordingly costs follow the event and a 2B award plus verified disbursements and a memorandum fee were ordered against the liquidator.
14 Aug 2020

FLETCHER CONCRETE AND INFRASTRUCTURE LTD t/a FIRTH v SPEAKMAN [2020] NZHC 2070 [14 August 2020]

Citation

[2020] NZHC 2070
Court

High Court

Because the evidence established that reasonable efforts had been made to effect personal service and the proposed substituted method was likely to bring the documents to the debtor's attention, the Court dispensed with personal service and ordered substituted service as specified, with service to be treated as effective three working days after completion of the directed steps.
5 Jun 2020

Re Estate R M BLACKWELL [2020] NZHC 1238

Citation

[2020] NZHC 1238
Court

High Court

Grant leave to use the originating application procedure because the filed material sufficiently informs the issues and interlocutory procedures are unlikely; direct that the beneficiaries (Stewart Reece and Jocelyn Reece, Donald Murdoch, Make A Wish Foundation of New Zealand Trust) and Mark Young be served; and order that the legal opinion attached as Exhibit E to the affidavit of Megan Lisa Bartlett sworn 20 May 2020 be withheld from service on Mark Young because it is protected by litigation privilege under s 56 Evidence Act 2006.
19 May 2020

RE ESTATE GRACE TANG [2020] NZHC 1031

Citation

[2020] NZHC 1031
Court

High Court

Leave to commence by originating application was unnecessary because High Court Rules r 19.2(xa) allows s 14 applications to be commenced by originating application as of right; the court granted directions that the deceased's two children be served because they are the only other persons with a present interest if the informal will is not validated.
9 Jun 2016

WHITTMAN v UCI HOLDINGS LTD [2016] NZHC 1228

Citation

[2016] NZHC 1228
Court

High Court

Interim relief under article 19 is granted where there is a good arguable case on the substantive recognition application, a real risk that assets will be dissipated absent relief, and the balance of convenience and interests of justice favour provisional protection; accordingly the court stayed execution and suspended disposal of UCI Holdings Ltd assets until the recognition decision, subject to compliance with US Bankruptcy Court orders.