New Zealand Case Law: Decisions & Judgments

Topic

Accounting by executors

Legal area

Court

10 May 2011

ASHLEY KANARA APATU V KENNETH TAMA TE KAPUA APATU HC NAP CIV-2009-441-000515

Citation

openlaw-4802bd91_9f6c_4737_82c7_01900e1505b6.pdf
Court

High Court

All causes of action advanced by the plaintiffs were dismissed: clause 9 did not create an enforceable transferable obligation without consideration; Ohiti Waitio 3A vesting and subsequent family deed were not procured by fraud and the evidence supported an innocent vesting/mistake and family agreement; claims in respect of Lindauer paintings and other taonga were not properly pleaded against these executors or raised on the correct factual/legal footing; alleged misapplication of estate funds for Lawn Road and other specific monetary claims either lacked evidential support or were statute‑ba…
24 Mar 2010

AK APATU AND WE MAUGER V KTT APATU AS EXECUTOR OF THE ESTATE OF WIRIHANA TIPENE APATU AND ANOR HC NAP CIV-2007-441-823

Citation

openlaw-352d83cf_b890_45a6_ad60_e5bcbf5152f8.pdf
Court

High Court

The application for security for costs was declined because, on balance, denying plaintiffs access to the Court at this late stage would be unjust: the impecuniosity threshold and realisability of Maori land interests were not definitively resolved and the plaintiffs' claims were not shown to be so weak as to warrant preventing trial; delay by defendants in bringing the application weighed in plaintiffs' favour and there was insufficient persuasive evidence that defendants caused the plaintiffs' impecuniosity to justify security.

New Zealand Case Law

ASHLEY KANARA APATU V KENNETH TAMA TE KAPUA APATU HC NAP CIV-2009-441-000515

AK APATU AND WE MAUGER V KTT APATU AS EXECUTOR OF THE ESTATE OF WIRIHANA TIPENE APATU AND ANOR HC NAP CIV-2007-441-823