New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Residue of estate
  • 12 Nov 2010

    HILLARY V HILLARY HC AK CIV-2010-404-007445

    Citation
    openlaw-a07101b0_d8cb_4291_bf48_9faeba3085e6.pdf
    Court
    High Court

    There is a serious question to be tried that the watches belonged to Sir Edmund's estate and therefore to the plaintiffs; damages are inadequate for at least the Everest and Peter's watch; balance of convenience and overall justice require mandatory interim orders obliging Lady Hillary to take reasonable steps to preserve the watches and withdraw them from the auction but not to require payment of the auction house's claimed damages; the Court cannot injunct the Swiss auction house but can bind the domestic parties and put the auction house on notice of the plaintiffs' claim.