14 Mar 2014
BRISTOW v SMITH [2014] NZHC 474
- Citation
- [2014] NZHC 474
- Court
- High Court
The Court held it has jurisdiction to direct that any provision made under the Law Reform (Testamentary Promises) Act 1949 be satisfied from funds that would otherwise be paid to a creditor of the estate; having found for the applicant on the interlocutory question and no special reasons to depart from the usual rule, the applicant was entitled to costs fixed now under r 14.8; those costs are payable personally by the unsuccessful creditor (Barnabas) rather than from the estate; costs were fixed on a category 2B scale at $6,766.