New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Final distribution

  • 17 Jun 2022

    KEAN v HAYWARD [2022] NZHC 1437

    Citation
    [2022] NZHC 1437
    Court
    High Court

    Adjournment was declined because plaintiffs delayed seeking it after discovery, failed to provide persuasive affidavit evidence (including from experts) that they could not prepare by the scheduled date, and because an adjournment would cause disproportionate prejudice to trustees and other beneficiaries and impose unacceptable strain on limited court resources; instead the Court adjusted the timetable to give plaintiffs more time while preserving the September fixture.

  • 9 Dec 2014

    WIGHTMAN & ORS v PUBLIC TRUST [2014] NZHC 3124

    Citation
    [2014] NZHC 3124
    Court
    High Court

    The Court held there had been no final distribution (Public Trust retained legal title), an extension of time to bring the FPA claim was justified, and on assessment of the testator's moral duty as at 1965 (applying the composite concept of maintenance and support) Wallace breached his duty by delegating an unfettered appointment to Clara which resulted in grossly disparate treatment of equally eligible grandchildren; remedial relief of $150,000 each to the five claimants was necessary to discharge the moral duty while avoiding unfairly displacing the legitimate reliance of the appointed bene…

  • 1 Sept 2008

    DAVIDSON V CLARK HC NWP CIV 2007-443-000587

    Citation
    openlaw-09a48cdc_452d_4545_90ec_8bda292c5e49.pdf
    Court
    High Court

    Executors can in law assent to vest specific items of an unascertained residue but strong objective evidence is required; on the facts the executors' execution of a transfer of the Onaero property was beyond their authority because the will only provided a trust for sale (with postponed sale during life interest), there was no statutory appropriation notice and no consent from all beneficiaries; accordingly the Onaero property was not validly distributed by 24 January 2008 and the only valid distributions not to be disturbed under s 6 were the monetary distributions to the plaintiff and to Jo…