New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Executor capacity

  • 16 Mar 2022

    TATA v ABRAMS [2022] NZHC 479

    Citation
    [2022] NZHC 479
    Court
    High Court

    Interpleader relief was declined because there was no realistic expectation of two or more competing claims to the same fund; the firm was justified in withholding the estate funds given legitimate concerns (executor capacity, sale at undervalue, AML non-compliance) but should have sought directions under trust law rather than pursue interpleader; the firm is nevertheless entitled to scale costs limited to its protective steps up to 1 December 2021, payable from the estate.

  • 17 Jul 2018

    CLARKE v MCALISTER [2018] NZHC 1749

    Citation
    [2018] NZHC 1749
    Court
    High Court

    Summary judgment was appropriate because the defendant had no reasonably arguable defence that required trial; the Court may take into account the plaintiff's historical payments (including rates and insurance) as contributions to maintenance under s 342(e) and/or compensation under s 343; having regard to the agreed market valuation and the plaintiff's disproportionate use of the property, the proper fair and reasonable purchase price for the defendant's half interest is fixed at $15,000 and the plaintiff is ordered to purchase the defendant's half interest under s 339(1)(c).