McGoverin v Wright

[2020] NZHC 2938

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-000

[2020] NZHC 2938

UNDER

the Family Protection Act 1955

IN THE MATTER

of the Estate of Kathleen Mary Smith

BETWEEN

JENNIFER HELEN McGOVERIN

Plaintiff

AND

PHILIP GORDON WRIGHT

Defendant

Hearing:

(Determined on the papers)

Counsel:

G L Wilkin for the Plaintiff

R M J Hakaria for the Defendant

Judgment:

6 November 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 6 November 2020 at 2.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 6 November 2020

McGOVERIN v WRIGHT [2020] NZHC 2938 [6 November 2020]

[1]    The  background  to  this   proceeding   is   set   out   in   my   judgment   of 16 October 2020.1    In  short,  I concluded it  was not  open to  the plaintiff to  utilise r 5.1(5) of the High Court Rules 2016 to commence this Family Protection Act 1955 proceeding in the Christchurch registry.

[2]    The plaintiff wished to commence the proceeding in the Christchurch registry as there are related proceedings in that registry making it sensible for both proceedings to be dealt with together.

[3]    I invited counsel for the plaintiff in the proposed Family Protection Act proceeding to obtain from the proposed defendant, Mr Wright, the executor of the estate of Kathleen Mary Smith consent to the proceeding being filed in Christchurch. Counsel has confirmed that the defendant consents to the proceeding being filed in the Christchurch registry.

[4]    Accordingly, leave is granted for this proceeding to be commenced in the Christchurch registry and I request the Registrar process the proceeding accordingly.

[5]    Accompanying the application is an application for directions as to service.    I make a direction in terms of para 1 of the application for directions as to service dated 2 October 2020.

[6]    Counsel has not addressed the issue of representation and/or service on the deceased’s grandchildren and whether they should be separately represented and/or served. Counsel are to file a memorandum on that point but such need not hold up the processing of the proceeding. This file is to be case managed alongside CIV-2020-409-205.

Associate Judge Lester

Solicitors:

John Fraser Law Ltd, Invercargill Pursuit Legal, Invercargill

1      McGoverin v Wright [2020] NZHC 2726.