22 Aug 2023
SCHISCHKA v SCHISCHKA [2023] NZHC 2275
- Citation
- [2023] NZHC 2275
- Court
- High Court
Summary judgment dismissed. The Family Court PPPRA proceeding did not provide a forum to determine the validity of an inter-vivos transfer executed by the donor before appointment of a property manager; plaintiffs lack standing to bring the claim in their own right because any cause of action vested in the administrator; however plaintiffs may pursue a derivative claim only if they plead and can prove special circumstances justifying that remedy; leave granted to join Perpetual Guardian and to amend pleadings to plead special circumstances; proceeding stayed pending amendment.