New Zealand Case Law: Decisions & Judgments

Topic

Executor liability

Legal area

Court

7 Dec 2022

SANDRA CHIN (PAYNE) v STEVEN PAYNE as the executor of the estate of Donald Gordon Payne [2022] NZHC 3284

Citation

[2022] NZHC 3284
Court

High Court

The recall application was dismissed because the defendants did not demonstrate the 'very special reason' required to recall a judgment; the application sought to re-litigate matters and challenge substantive findings of fact and law rather than invoke an appropriate ground for recall, and the appropriate remedy if dissatisfied is appeal; the original costs award (category 3(c)) to the plaintiff to be met by the estate therefore stands.
5 Apr 2022

VERRALL v BROWN [2022] NZHC 689

Citation

[2022] NZHC 689
Court

High Court

Given the facts, including the evasive responses from the respondent's advisers and the applicant's legitimate concern about dissipation of estate assets, the Court exercised discretion to grant costs to the applicant for commencement of the proceedings; costs are to be awarded on a 2B basis but assessed on the District Court scales rather than the High Court scales.
29 Nov 2012

COLIN WILLIAM BRIGHT AND GEORGE MCCULLOCH JOHNSTON AS EXECUTORS OF THE ESTATE OF JEFFREY LLOYD REID HC AK CIV-2012-404-7084

Citation

openlaw-24ae07b2_1de5_4389_b8be_0bdde1663106.pdf
Court

High Court

Given full disclosure, confirmations that the deceased's syndicate remained within the Equitas arrangements, up-to-date financial information showing Equitas' capacity, beneficiary indemnities and absence of creditor claims, the Court followed Re Yorke/Hall/Thompson and concluded the risk of contingent claims was sufficiently remote and therefore granted leave to the executors to distribute the residuary estate without retention for contingent Lloyd's liabilities.
3 Sept 2012

MURRAY V CROWTHER HC AK CIV-2011-404-1526

Citation

openlaw-55c148ca_ae31_4b4d_935f_af19ae06cf21.pdf
Court

High Court

The court concluded that the claimant did not have a sufficiently arguable case that the estate faced liability for the full claimed amount because contract-based expectation losses cannot be recovered against a non-contracting director and FTA damages are limited to losses flowing directly from the misrepresentation; accordingly the appropriate quantum to preserve was $700,000 and the remainder could be distributed, balancing the risk of dissipation against beneficiaries' legitimate interests.
10 Mar 2009

TALAGI V TALAGI HC AK CIV 2008-404-002736

Citation

openlaw-7d2c916e_9fc5_45e0_b57e_9aab8d921822.pdf
Court

High Court

The court gave effect to the parties' consent reached at a judicial settlement conference and made orders that the defendants pay the plaintiff $112,000 in full and final settlement, payable within eight weeks with 12% p.a. interest thereafter, and that the defendants are liable both as executors and personally.

New Zealand Case Law

SANDRA CHIN (PAYNE) v STEVEN PAYNE as the executor of the estate of Donald Gordon Payne [2022] NZHC 3284

VERRALL v BROWN [2022] NZHC 689

COLIN WILLIAM BRIGHT AND GEORGE MCCULLOCH JOHNSTON AS EXECUTORS OF THE ESTATE OF JEFFREY LLOYD REID HC AK CIV-2012-404-7084

MURRAY V CROWTHER HC AK CIV-2011-404-1526

TALAGI V TALAGI HC AK CIV 2008-404-002736