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The Court of Appeal decision in Gatfield v Hinton represents an important waypoint regarding the ADR provisions of the Trusts Act 2019. The decision traverses a range of matters including: whether ADR can be sought by way of an interlocutory application where there are existing proceedings on foot (the answer is yes) the authority of … Continue reading
McKean v McKean Family Trustee Limited (Costs) is a costs decision following substantive findings. The key points of the judgment can be summarised as: the protagonists in the matter were entitled to be indemnified from the Trust for legal costs and disbursements in relation to proceedings to the extent that the costs were reasonably and … Continue reading
The legal principles that underlie Jorion v Jorion are summarised at [9] by Isac J as follows: The basis for the named executrix renouncing probate is set out at [11] and 12]: References: Jorion v Jorion [2025] NZHC 3982 Administration Act 1969 Harvey v Harvey [2021] NZHC 1771 at [39]—[40] Kang v Perpetual Trust Ltd … Continue reading
