28 Feb 2023
The court held the transfer was invalid because Pamela only held a life interest and therefore lacked the right to dispose of the shares; Joanna's opposition lacked merit and unjustifiably delayed return of the shares, so costs are awarded to the plaintiff on a 2B basis without an uplift.
5 Oct 2022
The $200,000 advances were direct contributions to the Grahamtown property made in circumstances where the plaintiff had a reasonable expectation, acknowledged by the first defendant and acquiesced in by the second trustee, that the advances would be recognised by a 20% beneficial interest; trustees of the SKFT, having accepted and benefited from those advances without formal objection, were bound in conscience to yield that interest, giving rise to a constructive trust; a life interest was not established or workable after separation; equitable compensation in lieu was appropriate and quanti…
26 May 2022
The court was satisfied on the evidence (solicitor's affidavit, executor affidavit and signed family deed) that clause 2(e) did not give effect to the will-maker's intentions; s31 Wills Act 2007 authorises correction to reflect those intentions; accordingly the court ordered clause 2(e) amended as proposed and dispensed with service to beneficiaries and the renounced executor.
28 Mar 2022
Leave to file the Family Protection Act claim out of time was granted because the delay was relatively short (18 weeks), the applicant's mistaken but understandable reliance on her position as the sole discretionary beneficiary provided an excusable explanation, the claim that the deceased breached a moral duty to his long‑term spouse had sufficient merit to justify permitting the claim, and there was no material prejudice to beneficiaries who had ordered their lives on the will sufficient to defeat leave.
27 Jul 2021
Leave was granted to commence the combined caveat removal and s 339 sale proceeding by originating application because the issues are related and primarily statutory, the factual issues are definable and can be addressed on affidavit, there is no apparent prejudice or need for extensive discovery or additional parties, and the applicant beneficiary's advanced age and potential urgent need for funds make a speedy, inexpensive determination in the interests of justice.
26 Jul 2021
On the balance of probabilities the court found the lotto ticket and winnings belonged to the first plaintiff; there was no persuasive evidence of gifts by the second plaintiff to the defendants; although no formal 50/50 contract was proven the first plaintiff made a substantial cash contribution and had a reasonable expectation of a 50% beneficial interest, therefore the defendants hold the property subject to a constructive trust giving the first plaintiff a 50% beneficial interest; the second plaintiff's life interest and its valuation are reserved; laches does not bar the claim.
16 Dec 2020
There was a serious question to be tried concerning ownership of the property, the balance of convenience favoured preserving the status quo given the plaintiff's residence and illness, and it was in the interests of justice to grant an interim injunction restraining the defendant from selling the property until further order.
1 Mar 2019
The Court found the deceased breached his moral duty by concealing paternity, failing to provide meaningful support beyond statutory child support, tolerating and contributing to psychological harm, and providing no benefit from the family trust; given the claimant's necessitous circumstances, lack of historic benefit from the trust and the primacy of the parent-child relation, the minimum necessary to remedy the breach was 70% of the agreed estate value; estate valued at NZD 615,000 and any deduction for estate administration costs and adjustments reserved for further submissions.
9 Nov 2016
The Deputy Registrar correctly refused to accept the defective notice because this Court lacked jurisdiction to entertain appeals from three of the four decisions; only Palmer J's review decision was potentially appealable by special leave under s 26P, and in the interests of justice the time for filing a notice of application for special leave to appeal Palmer J's review decision was extended to five working days from the date of the judgment.
12 Sept 2016
The caveator established a reasonably arguable claim to a beneficial interest in the Wellsford property arising from contributions and the conversion of the Glenbrook proceeds such that the caveat was supported; discretionary considerations did not justify ordering the caveat to lapse at this interlocutory stage, so the caveat must be sustained.