KEIL V BROWN HC AK CIV-2009-404-002338 [2009] NZHC 1178 (4 September 2009)

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
                                                                 CIV-2009-404-002338
                                                                 CIV-2009-404-001046

                IN THE MATTER OF          
      The Estate of ALPHONSO
                                                 MAXIMILLIAN KEIL

                BETWEEN         
                MAE BELLENE KEIL
                                                 Plaintiff

                AND                
             DAWN ESTHER BROWN
                                                 Defendant

                                     
           AND

                IN THE ESTATE OF                 ALPHONSO MAXIMILLIAN KEIL

                                    
            APPLICATION OF ORDER NISI FOR
                                                 GRANT OF LETTERS OF
                 
                               ADMINISTRATION WHERE CAVEAT
                                                 LODGED
Hearing:     
  2 September 2009
                (Heard at Auckland)

Appearances: Mr K Stirling for Plaintiff
             Mr J Jackson for Defendant

Judgment:       4 September 2009 at 3.30 p.m.


                 JUDGMENT OF ASSOCIATE JUDGE DOOGUE


                This judgment
was delivered by me on
                04.09.09 at 3.30 p.m., pursuant to
                Rule 11.5 of the High Court Rules.

  
                Registrar/Deputy Registrar

                           Date...............


Counsel:

Keil & Associates, P O Box
8124, Symonds Street, Auckland 1150

Paddy Orr & Co, P O Box 15-525, New Lynn, Auckland


KEIL V BROWN HC AK CIV-2009-404-002338
4 September 2009

The parties consent to the following judgment which I now enter:


A:     In proceeding CIV-2009-404-002338


[1]    I make orders in terms of paragraphs (a) and (b) of the Prayer for Relief.
There will be no order for costs on that proceeding.


B:     In proceeding CIV-2009-404-001046


[2]    The originating application in this proceeding is dismissed. Again there will
be no order for costs.


[3]    I record that the orders made in this judgment are entered pursuant to an
arrangement that the parties
have entered into today, 2 September 2009, as part of
which the defendant in CIV-2009-404-2338, Dawn Esther Brown, agrees to accept
in full and final settlement of any claim however arising against the Estate of
Alphonso Maximillian Keil in return for the following
payments, details of which
are as follows:


                  i)     Within seven days of the administrator, Mae Bellene Keil
 
                       receiving the proceeds of sale of a life policy with Sovereign
                         Assurance over the
life of the deceased Alphonso Maximillian
                         Keil, she will pay $50,000 to Dawn Esther Brown;


          
       ii)    The administrator will pay a further $50,000 three months
                         from today's date.




_____________
J.P. Doogue
Associate Judge