New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Without-notice interlocutory application

Legal area

Court

23 Oct 2020

CARRICK v CARRICK [2020] NZHC 2790

Citation

[2020] NZHC 2790
Court

High Court

Pursuant to r 4.36(1)(a) High Court Rules the without‑notice application was appropriate; the minor is affected by the proceedings; Ms Allred has consented and is able to fairly and competently conduct the proceedings and has no adverse interests, therefore she is appointed as litigation guardian for Jaxon Henri Carrick Allred.
23 Sept 2011

RE JOHNSON (DECEASED) HC WN CIV-2011-485-1186

Citation

openlaw-f7181987_4e99_46a0_b230_4142d7e6d07f.pdf
Court

High Court

The will contained a clerical omission and failed to give effect to the testator's intentions because clauses 2 and 4-5 are irreconcilable; under s 31 Wills Act 2007 the court may correct the will to reflect the testator's intention, and the application could be heard without notice because the affected beneficiaries consented.