Carrick v Carrick

[2021] NZHC 2790

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2020-409-000424

[2020] NZHC 2790

UNDER

Section 21 of the Administration Act 1969

IN THE MATTER

of the estate of Shayne Brett Carrick

BETWEEN

KELSI JAYNE CARRICK and KAYTI ROSE CARRICK

Applicants

AND

JONELLE MAREE CARRICK

Defendant

Hearing:	On the papers
Counsel:	F A Trowbridge and A J Summerlee for the Applicants
Judgment:	23 October 2020

JUDGMENT OF NATION J

[1]                 In these proceedings, two children of the deceased are applying to have the deceased’s widow removed as the executrix and trustee of the deceased’s estate.

[2]                 Jaxon Henri Carrick Allred (Jaxon) is a son of the deceased, a half-brother to the two daughters of the deceased who have brought the proceedings. He is also a beneficiary in the deceased’s estate. He is a minor and lives with his mother, Susan Maree Allred (Ms Allred).

[3]                 Through a carefully presented without notice interlocutory application, the applicants have applied for an order appointing Ms Allred as the litigation guardian for Jaxon.

CARRICK v CARRICK [2020] NZHC 2790 [23 October 2020]

[4]                 I am satisfied that, pursuant to r 4.36(1)(a) High Court Rules, it is appropriate for the application to be made without notice.

[5]                 Jaxon is a minor affected by the proceeding and, in accordance with r 4.36(1), must have a litigation guardian.

[6]                 Ms Allred is able to fairly and competently conduct proceedings on his behalf and does not have interests adverse to him. She has consented to the appointment.

[7]                 I accordingly make an order appointing Susan Maree Allred as the litigation guardian in these proceedings for Jaxon Henri Carrick Allred.

Solicitors:
Parry Field Lawyers, Christchurch.