2 Feb 2022
RE ESTATE OF BARBARA ANNE DOORNEKAMP-WELLMAN [2022] NZHC 70
- Citation
- [2022] NZHC 70
- Court
- High Court
The application was dismissed because the applicants failed to satisfy the statutory and rules-based threshold for without-notice relief (no grounds demonstrated under r 7.23, no memorandum under r 7.23(3)), relied on rules that do not permit delivery-up orders against a non-party, and did not demonstrate any evidential necessity or risk justifying preservation orders without notice; additionally the applicants’ claim appeared weak and potentially abusive of process.
- Without-notice application
- Preservation order
- Discovery against non-parties
- Settlement under duress
- Abuse of process
- Witnessing of wills