10 Sept 2020
Leave under High Court Rules r19.5 was granted because it was in the interests of justice: the dispute primarily involves interpretation of a deed with likely narrow factual issues, making the originating application procedure under Part 19 appropriate; service was directed on the respondent and specified interested parties and the matter was set for a first call.
9 Feb 2018
Given clear medical evidence of incapacity from dementia and the practical necessity to complete a sale, the court will remove the incapable trustees and appoint suitable substitutes (Martelli and Clark) under s 51 Trustee Act and grant vesting orders; because Martelli holds enduring powers of attorney, the court exercised its discretion under r 4.30 to discharge the requirement for a litigation guardian at this stage, but will not appoint Toni as litigation guardian without Michelle being served and given the opportunity to respond.
28 Nov 2017
Leave was granted to bring the originating application and a temporary administrator was appointed because the matter could appropriately proceed by originating application with interested parties on notice, there was a demonstrated need to preserve the estate by selling the sole substantial asset, and the applicant was a suitable and supported person to act as temporary administrator.
10 May 2012
The court was satisfied on the affidavits that the will sent 4 November 2010 was signed and witnessed on 7 November 2010 in compliance with s 4 Wills Act 2007 and that the deceased had full knowledge of its contents; accordingly the court ordered service on the interested sister and directed that probate in common form be granted if no opposition is taken within 14 days of service.
21 May 2008
The amended New South Wales restraining order (13 May as amended 20 May) no longer conferred on the Public Trustee the power to deal with or transfer funds from New Zealand; accordingly the Court was satisfied it could be registered under the Mutual Assistance in Criminal Matters Act 1992, subject to service on interested parties who are given 14 days after service to apply to challenge the registration.