1 Dec 2017
THE PUBLIC TRUST v TURNER [2017] NZHC 2979
- Citation
- [2017] NZHC 2979
- Court
- High Court
The defendant breached the express condition of the licence to occupy by failing to pay rates as they fell due; that breach prejudices beneficiaries and justifies the executor obtaining possession; the defendant has no arguable defence and summary judgment is appropriate; the RTA does not apply to this testamentary licence; probate is unimpeachable in these proceedings.