New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Executor obligations

Legal area

Court

18 Dec 2015

RONALD GORDON OKEY v THE PUBLIC TRUSTEE [2015] NZHC 3318

Citation

[2015] NZHC 3318
Court

High Court

The Court held that s123(2) LTA meant any transmission to the Public Trustee did not defeat the Okey parties' existing equitable easement; the beneficiaries and the Trust acknowledged the equitable interest so no loss resulted from the executor's acts or omissions; accordingly there was no utility in the declaratory relief and no viable cause of action against the Public Trustee, and the claims against the Kingsbeer parties were frivolous or without merit and were struck out; summary judgment for the Public Trustee and strike-out of the Kingsbeer defendants were ordered.
8 Dec 2011

WI LUPTON AND AE SYMES AND RJ LUPTON AS TRUSTEES OF THE LUPTON TRUST V GM HOOPER AND MR HUGHES AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ANNE MACDONALD LUPTON HC WANG CIV-2011-483-232

Citation

openlaw-ff58db9d_91cc_4c98_a1d6_f7bfb2559a56.pdf
Court

High Court

Evidence, including contemporaneous affidavits and the estate's Schedule of Assets and Liabilities, established the $13,569.46 was a loan from the Lupton Trust to the estate which was not gifted and remains repayable; the Disputes Tribunal claim is a personal claim against Warwick Lupton and cannot be set off against the Trust's claim; therefore defendants had no real defence and summary judgment is warranted.