New Zealand

NEW ZEALAND SOLICITOR/EXECUTOR CAUSES MISTAKE WHICH LEADS TO COURT PROCEEDINGS – IS HE LIABLE FOR THE COSTS?

In Crawford v Phillips [2018] NZCA 351, the New Zealand Court of Appeal decided that, notwithstanding one of the executors of an estate may have made a mistake which led to the litigation, all costs should be paid from the … Continue reading

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NEW ZEALAND COURT OF APPEAL PROVIDES GUIDANCE FOR THE TEST OF RECTIFICATION OF A VOLUNTARY SETTLEMENT AND FINDS THE USE OF THE “BACKDOOR” METHOD TO BE AN ABUSE OF PROCESS

In the two cases set out below, the New Zealand Court of Appeal considered the circumstances in which there may be rectification of a deed entered into as part of a voluntary settlement and considered where reliance on one legal … Continue reading

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New Zealand Court of Appeal grants reverse summary judgment in claims for dishonest assistance against solicitor

In McKay & Ors v Sandman [2018] NZCA 103, the New Zealand Court of Appeal granted a claim for summary judgment in relation to claims brought on the basis of alleged dishonest assistance. We consider this case further below.

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Filed under Estates disputes, New Zealand