Search Results

1. LCRO 251+250/2016 MJY and VYW v WLB, WLB v MJY and VYW (21 September 2018) [pdf, 281 KB]

   ...sent Mr MJY and Mrs VYW a copy of Mrs JY’s will by email on 12 April 2014 and it is apparent that Mr MJY and Mrs VYW were aware that they were the executors of their mother’s will. Mr WLB says it was not necessary to have the will admitted to Probate, as Mrs JY’s estate was minimal. [11] A copy of the Trust Deed was sent to the Mr MJY and Mrs VYW and their siblings on 23 April 2014. [12] During Mrs JY’s lifetime, Mr WLB had attended to a number of matters for her3 and Mr...

2. LCRO 143/2020 TJ v YY (16 December 2021) [pdf, 230 KB]

   ...were to be apportioned equally amongst Ms YY and Mr OW’s four sisters. [5] Mr OW passed away in December 2014. [6] Mr CA, the lawyer who had been instructed by Mr OW to draft his final will, was appointed administrator of his estate. [7] Probate was granted on 28 July 2015. [8] Funds held in Mr OW’s various bank accounts were unable to be dispersed in accordance with the instructions seemingly contemplated by him when providing instructions for his final will. All of the ba...

3. [2022] NZEmpC 218 New Zealand Nurses Organisation v Te Whatu Ora Health New Zealand [pdf, 326 KB]

   ...leading authority on the admissibility of extrinsic evidence as an aid to contractual interpretation.15 He highlighted the Court’s conclusion that the objective standard for contract interpretation is the standard against which relevance and probative value must be measured; and that the undeclared understanding or intention as to the meaning of a contract of one party, not communicated to the other prior to contract formation, is not relevant to the task of contractual interpret...

4. Guo v PwC (Further Discovery) [2022] NZHRRT 6 [pdf, 309 KB]

   ...documents” test in r 8.7, or any stricter test imposed under tailored discovery pursuant to r 8.8. (d) A four-stage approach is convenient: (i) Are the documents relevant, and if so how important will they be? (ii) What are the grounds, and what is the probative value of those grounds, for the belief that the documents sought exist? (iii) Is discovery proportionate? (iv) Weighing and balancing these matters, is an order appropriate? [Footnote citations omitted] [38] T...

5. Nelson Standards Committee v Downing and Reith [2022] NZLCDT 7 (17 February 2022) [pdf, 241 KB]

   ...2019. [7] The attendances related to advice and acting in subsequent litigation concerning Ms L’s mother’s estate. [8] The matter was somewhat complicated because Ms L’s sister, who was executrix of the estate, refused to apply for probate. Because of that it was necessary for an application to be made to remove her as executor and appoint the estate’s solicitor in her place. That was achieved by mid-2017, but further complexities arose because of the actions of Ms L...

6. LCRO 186/2019 ZU v FD (15 June 2021) [pdf, 246 KB]

   ...before distributing an estate. One will appreciate how very easily doubts as to various matters pertaining to [an] administration can arise. It is not an unreasonable personal representative who asks for the protection of a deed of release. Many probate practitioners recommend such a clearance as a matter of course. In simple cases, an agreement that the administration has been approved, is just as adequate. Beneficiaries will seldom object to such documents, and, when they do, the r...

7. Deputy Registrar - Succession to Irihapeti Toria (2024) 88 Te Waipounamu MB 271 (88 TWP 271) [pdf, 425 KB]

   ...SI 116). Moenene = Tamaroku Korako = Manihera Pene Parekuku Neta Pataitaua or Pohata Neta Mahuika Wirihana Pohata or Kirikau Hatanui = Te Porepohue Irihapeti Korako 88 Te Waipounamu MB 274 [11] Merehana left a will, for which probate was granted on 14 September 1905. The will gave her husband Wiremu Retara and daughter Florence a life interest in her lands. However, on the death of the last life tenant, the land interests were to revert to the rightful successors of...

8. LCRO 61/2022 YJ v GQ (29 October 2024) [pdf, 218 KB]

   ...by Ms YJ in her application for review. Paragraph 29 [49] Mr GQ repeats the comment made in his letter to the Committee that he/[Law Firm 1] was instructed initially on a very limited basis, namely to apply to the High Court for the Grant of Probate and to act for the Estate as vendor of the two [City X] properties. He says that “there was at the time of [the] engagement no actual or apparent suggestion or evidence of a conflict between the complainant in her position as executor...

9. [2025] NZEmpC 136 Tighe-Umbers v Jetconnect Limited [pdf, 223 KB]

   ...The notice period that parties must give when terminating the employment relationship is set out in the CEA at cl 3.4.1, which provides: Three (3) months written notice of termination of employment is required, except for a Pilot within their Probation period where two weeks applies, but dismissal without notice may occur for serious misconduct. However, pilots employed prior to the ratification of this agreement may only give two (2) months written notice of termination of employ...

10. Ngamotu - Section 1 Survey Office Plan 60553 [2025] Chief Judges MB 1801 (2025 CJ 1801) [pdf, 783 KB]

    ...the schedule of owners: #53 – Ngawaoriki Watene #71 – Rameka te Mohi #86 – Rameka Henare or Rameka Hera Peka 9. 30 Taupo MB 363 dated 18 January 1927. Ngawaoriki Watene or Tiohuka Watene, succession. Application for Grant of Probate and awarded to Rameka Henare. 2025 Chief Judge's MB 1807 10. 31 Taupo MB 109 - 111 dated 5 February 1930. Ngawaoriki Watene or Tiohuka Watene, succession. Further evidence presented to the Court in respect to the succe...