New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Probate and administration

Legal area

Court

11 Nov 2021

MILLER v WAIPOUA LAND LTD [2021] NZHC 3041

Citation

[2021] NZHC 3041
Court

High Court

The originating application for rectification was granted because probate established the applicant's authority as executor, the company shares are assets of the deceased's estate, no competing interest was identified, and it was appropriate to grant leave to commence by originating application and to dispense with service to effect rectification of the share register.
14 Mar 2019

PEARCE v ELLICE [2019] NZHC 445

Citation

[2019] NZHC 445
Court

High Court

The statement of claim was struck out because the plaintiff has no reasonably arguable cause of action that the Family Court lacked jurisdiction or that defendant breached duties in distributing funds in accordance with sealed Family Court orders and the plaintiff's irrevocable instructions; however limited leave to amend was granted solely to plead any arguable claim about wrongful or delayed retention of the $200,000 paid into the defendant's trust account.