New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Testamentary claims

Legal area

Court

26 Mar 2021

HAMILTON v KIRWAN [2021] NZHC 634

Citation

[2021] NZHC 634
Court

High Court

The plaintiff may recover disbursements for legal advice obtained while self-represented but the claimed amount must be reduced to what is reasonable and proportionate compared with likely scale costs; trustees remain personally liable for costs absent a proper and authorized indemnity from trust funds and there is no basis to order indemnity out of the residuary of the deceased's estate; quantified awards and offsets were determined accordingly.
7 Feb 2019

SOPHIE LAI aka SHU-HWA LAI v LIU SHUN-MEI HUANG [2019] NZHC 115

Citation

[2019] NZHC 115
Court

High Court

There was no material change of circumstances: the first plaintiff's alleged impecuniosity was already assessed when the original order was made, the $5,000 payout of security was consensual and not material, and given the proximity of the trial, absence of a requested stay, modesty of the shortfall and ongoing payments, increased security for costs was refused.
13 Sept 2010

MLP LLC V D F FABIAN HC WHA CIV-2010-488-000568

Citation

openlaw-3c64e70f_1e9d_4c1a_b308_5af528afc171.pdf
Court

High Court

The caveat is removed because the caveator failed to demonstrate a caveatable interest; MLP LLC's registered title is indefeasible absent evidence of actual fraud and no evidential basis of fraud or proprietary interest was established.