Estate of Finch

[2025] NZHC 2444

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2025-485-608087

[2025] NZHC 2444

UNDER	the Administration Act 1969 and Part 27 of the High Court Rules 2016
IN THE MATTER	of the Estate of BRIAN ALEXANDER FINCH

Hearing:	On the Papers
Counsel:	T D Bloy for Applicants D M Kerr for Respondent
Judgment:	26 August 2025

JUDGMENT OF ISAC J

[Appointment of temporary administrator]

[1]                  In this proceeding the applicants, Ms Angelique Carter and Mr Kyle Broderick, seek an order appointing temporary administrators of the estate of Mr Brian Alexander Finch. Mr Finch died on 21 November 2024, leaving a widow, Mrs Janice Finch. The applicants are Mr Finch’s adult children of a previous marriage.

[2]                  There is a contest between the parties as to the administration of the estate. Mrs Finch applied for an order that  letters  of  administration  be  granted  to  her. Ms Carter and Mr Broderick then applied for an order appointing Mr Nigel Philip Smith and Mr Marcus Eldon Diprose temporary administrators of the estate. They said that Mrs Finch is not suitable to administer the estate and that it is not being properly managed.

Estate of BRIAN ALEXANDER FINCH [2025] NZHC 2444 [26 August 2025]

[3]                  Grice J declined to make an order appointing the temporary administrators without notice, and directed that Mrs Finch file a notice of opposition and supporting affidavit.

[4]                  Since that determination, on 15 August 2025 the parties filed a joint memorandum advising the Court that they agree to appoint Michael Charles Morgan, director of Carlile Dowling Lawyers in Napier, to act as an independent and professional administrator of the estate on an urgent and temporary basis under s 7 of the Administration Act 1969. In an affidavit provided to the Court, Mr Morgan confirmed he is willing to accept appointment and faithfully administer the estate.

[5]Section 7 of the Administration Act 1969 provides:

7        Administration pending legal proceedings

(1)Where any legal proceedings touching the validity of the will of a deceased person, or for obtaining, recalling, or revoking any grant of administration, are pending, the court may grant administration of the estate of the deceased to a temporary administrator, who shall, until he or she is discharged or removed under section 21, have all the rights and powers of a general administrator, other than the right of distributing the balance of the estate remaining after payment of debts, funeral and testamentary expenses, duties, and fees, and every such temporary administrator shall be subject to the immediate control of the court and act under its direction.

(2)The court may, out of the estate of the deceased, grant to a temporary administrator appointed under this section such reasonable remuneration as the court thinks fit.

[6]                  Whata J in Re Estate of McCue in considering a s 7 application proceeded on the basis that:1

(1)There must be a legal proceeding touching the validity of the will of a deceased person or a grant of administration;

1      Re Estate of McCue [2015] NZHC 1271 at [11] cited in De Greogorio v Surridge [2017] NZHC 2061, at [4].

(2)It must be necessary to grant an order for interim administration to preserve and manage the assets of the estate pending the resolution of the proceedings; and

(3)The proposed appointee must be suitably qualified to perform the tasks of the administrator and must have sworn to faithfully administer the estate.

[7]                  I am clearly satisfied there is a legal proceeding touching the grant of administration. It is also clear on the material before the Court that it is necessary to appoint an interim administrator to preserve and manage the assets of Mr Finch’s estate pending resolution of the proceedings. In particular, it is necessary to ensure that insurance can be obtained over the estate and Mr Finch’s company’s properties and to pay the estate’s debts. I am also satisfied that Mr Morgan is suitably qualified to perform the tasks of the administrator.

[8]                  Accordingly, I make the orders in the terms sought in the joint memorandum dated 15 August 2025, namely:

(1)An order pursuant to s 7(1) of the Administration Act 1969 that administration of the estate of Brian Alexander Finch be granted to Michael Charles Morgan of Carlile Dowling Lawyers as temporary administrator under s 7 of the Administration Act, until determination of the present proceedings or further order of the Court; and

(2)that Michael Charles Morgan be remunerated out of the deceased’s estate for his reasonable costs of carrying out his duties as temporary administrator.

Isac J

Solicitors:

Evolution Lawyers, Auckland for Applicants Bisson Moss, Napier for Respondent