27 Aug 2014
A P NAWISIELSKI v M D NAWISIELSKA [2014] NZHC 2039
- Citation
- [2014] NZFLR 973
- Court
- High Court
Applicant had arguable standing to lodge a s42 notice derivatively because special circumstances existed (executor was sole beneficiary and conflicted/refused to pursue claims), which displaced the presumption under r15.23; once an independent executor was appointed the special circumstances ceased and discontinuance was appropriate; respondent entitled to costs limited to procedural non‑compliance by applicant ($2,189 awarded).