Estate of Horrocks

[2019] NZHC 969

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-638

[2019] NZHC 969

IN THE MATTER

of Part 6 of the Insolvency Act 2006

AND

IN THE MATTER

of an application by BRUCE CYRIL MCNIECE AND DIANA RUTHER TURNBULL-ANDERSON AS

EXECUTORS OF THE ESTATE OF ROSEMARY JANE HORROCKS for an

order of administration of a deceased estate under Part 6 of the Insolvency Act 2006

Hearing:

On the papers

Counsel:

D Grove for the Applicants

J I Taylor for Party Served with application

Judgment:

6 May 2019

JUDGMENT (BY CONSENT) OF MUIR J

This judgment was delivered by me on Monday 6 May 2019 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar  Date:…………………………

Counsel:

D Grove, Barrister, Auckland

Solicitors:

Foy & Halse, Auckland (G Halse/Nelson Wu) Wynn Williams, Auckland. (J I Taylor)

Copy to the Official Assignee

Estate of Horrocks application for order of administration [2019] NZHC 969 [6 May 2019]

[1]                 The applicants, who are the executors of the estate of Rosemary Jane Horrocks, seek orders that:

(a)the estate of the deceased be administered under Part 6 of the Insolvency Act 2006;

(b)the current administrators no longer administer the estate;

(c)the Official Assignee administer the estate; and

(d)the costs of and incidental to the application be paid out of the estate.

[2]                 The application arises out of the executors’ assessment that the estate is insolvent. The principal reason for such insolvency is a claim made on the estate by James Glover and Margaret Sewell relating to non-completion of an agreement for sale and purchase signed by the deceased shortly before her death. The Executors do not have the funds to continue the defence of that claim.

[3]Mr Glover and Ms Sewell consent to the orders sought.

[4]                 I am satisfied that the case is an appropriate one for orders pursuant to s 380 of the Insolvency Act 2006. I note further counsel for the applicants’ advice that the Official Assignee is prepared to abide the decision of the Court in relation to appointment.

[5]                 I accordingly make orders by consent in the terms appearing in para [1] of this judgment.

Muir J