Estate of Haine [2017] NZHC 837 (28 April 2017)

Last Updated: 11 May 2017

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CIV-2016-470-204 [2017] NZHC 837

UNDER	s 21 of the Administration Act 1969
IN THE MATTER	of the Estate of Robert Reginald Haine
AND IN THE MATTER	of the Estate of Eileen Minna Haine
	JOHN DOUGLAS PATTERSON Applicant

Hearing:	(On the papers)
Counsel:	T J Conder for Applicant
Judgment:	28 April 2017

_{JUDGMENT OF BREWER J}

Solicitors:

Holland Beckett (Tauranga) for Applicant

Estates of Haine [2017] NZHC 837 [28 April 2017]

[1] The applicant has applied for leave to commence proceedings by way of originating application. The proposed application is by Mr John Douglas Patterson for an order removing him as executor and administrator of the estate of Eileen Minna Haine.

[2] The reason for the application is that there is litigation between the estate of Eileen Minna Haine and the estate of Mrs Haine’s late husband, Robert Reginald Haine. Mr Patterson is the sole executor in the estate of Mr Haine and he is a co- trustee in the estate of Mrs Haine. There is a conflict of interest.

[3] There have been delays in progressing this uncontested matter because of a need to serve all relevant beneficiaries. Associate Judge Christiansen dealt with this aspect in his Minute of 14 February 2017 in which his Honour made orders as to service. Associate Judge Christiansen also ordered that those beneficiaries served pursuant to his directions must file any opposition within 15 working days.

[4] I have an affidavit from Tereasa Amanda Emily Peterson, sworn 23 March

2017, deposing to service on Ms L Cheetham and Ms P Haine. In each case service was effected on 14 February 2017.

[5] In a memorandum, also dated 23 March 2017, Mr Conder for the applicant advises that these were the last beneficiaries who needed to be served. He says that no notices of opposition have been filed and he seeks orders on the papers.

[6] In reliance upon Mr Conder’s memorandum, I make the following orders:

(a) The applicant is granted leave to commence his proceeding by way of originating application.

(b) The application is granted. John Douglas Patterson is removed as executor of the estate of Eileen Minna Haine.

_{[7] I make no order for costs.}

Brewer J