New Zealand Case Law: Decisions & Judgments

Topic

Without notice procedure

Legal area

Court

11 Feb 2022

RE TEMPLETON PEGASUS LIMITED [2022] NZHC 161

Citation

[2022] NZHC 161
Court

High Court

Leave was granted to commence the proceeding by originating application under Part 19 and to dispense with service except on the Waimakariri District Council because the application to extinguish covenants over three very small utility lots was legally and factually straightforward, the lots cannot support residential development or benefit from the covenants, serving all affected proprietors was impractical and there was a commercial timing imperative, while statutory service on the Council under s 316(3) must be effected.
8 Nov 2019

IN THE ESTATE OF ALBERT SUTTON TUCKER (DECEASED) [2019] NZHC 2928

Citation

[2019] NZHC 2928
Court

High Court

The codicil is invalid on its cumulative defects (unwitnessed, reference to a prior will and introducing an uncertain forfeiture term); the forfeiture condition in clause 7 is conceptually uncertain because terms like 'De Facto, civil union, gay or lesbian, life style' do not identify with sufficient precision the event that defeats the vested gift, and accordingly that condition is void; probate of the 6 July 2016 will is granted to the applicants and the application was properly dealt with without notice because all affected parties consented.
16 Jul 2019

HOLLIS AND SOMERVILLE [2019] NZHC 1654

Citation

[2019] NZHC 1654
Court

High Court

The court granted leave under the Companies Act to appoint the proposed liquidators because the continuing business relationships of their firm with certain secured creditors did not involve the applicants themselves, did not relate to the subject companies or their officers, and no PWC personnel involved with those creditor relationships would participate in the liquidations, so there was no real risk to the applicants' independence or ability to perform their duties professionally and effectively.
27 Jun 2018

BL v AG [2018] NZHC 1581

Citation

[2018] NZHC 1581
Court

High Court

The stay was refused because the variation (one additional week of travel) was a minor, justifiable change to interim orders made in the children's welfare interests; the Family Court judge had reasonably weighed the competing factors (including whakapapa and identity benefits, schooling impact and children's views), there was no jurisdictional bar or abusive process warranting a stay, and the advantages to the children outweighed the disruption to routine.
30 Apr 2010

SMART HC PMN CIV-2010-454-112

Citation

openlaw-99192e52_eb17_4090_aa3b_bafe802d0bef.pdf
Court

High Court

The application to correct the will under s 31 of the Wills Act 2007 was allowed because the clause contained an obvious clerical error inconsistent with the testatrix's intention, the only potentially affected parties had consented, and the interests of justice permitted the application to be dealt with without notice under r 7.46; the will was corrected by substituting "to my husband Dylan James Smart" for the erroneous words.

New Zealand Case Law

RE TEMPLETON PEGASUS LIMITED [2022] NZHC 161

IN THE ESTATE OF ALBERT SUTTON TUCKER (DECEASED) [2019] NZHC 2928

HOLLIS AND SOMERVILLE [2019] NZHC 1654

BL v AG [2018] NZHC 1581

SMART HC PMN CIV-2010-454-112