8 Jul 2020
ROSALIE MAY YOZIN v NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED [2020] NZSC 63 [8 July 2020]
- Citation
- [2020] NZSC 63
- Court
- Supreme Court
The application for an extension of time and for leave to appeal was dismissed: the delay was substantial and unjustified, and on the merits the Court of Appeal correctly held that 'interested' in s 14(6B) requires a legal or equitable interest so residuary beneficiaries could not compel partition; additionally a partition would not be shown to be advantageous, so leave to appeal did not meet the statutory thresholds.