Estate of Rozendaal

[2013] NZHC 2529

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CIV-2013-441-000195 [2013] NZHC 2529

IN THE MATTER             of the ESTATE OF STEVEN ROZENDAAL, late of Havelock North in New Zealand, Engineer, Deceased

Hearing:	26 September 2013 (Heard at Napier)
Appearances:	D M Kennedy for R M Wright, Applicant B Pidwell for S Rozendaal, Caveator, and on behalf of Mark Rozendaal
Judgment:	26 September 2013

(ORAL) JUDGMENT OF ANDREWS J

Solicitors/Counsel:

Bramwell Grossman, Hastings

Cooney Lees Morgan, Tauranga

Estate Rozendaal [2013] NZHC 2529 [26 September 2013]

[1]      I have heard today an application by Rochelle Marie Wright, for an order absolute granting her letters of administration ad colligenda bona in respect of the estate of the deceased, Steven Rozendaal. An order nisi was made by Registrar J D Earles on 1 August 2013.  The application was opposed by Steven Rozendaal’s son, Scott Dylan Rozendaal, who had lodged a caveat against the estate.

[2]      I have heard evidence from Ms Wright and Mr Scott Rozendaal.  Both were cross-examined. It is not necessary for me to set out the evidence given.

[3]      Having heard submissions from counsel, I order as follows:

(a)       Preston Epplett, accountant, of Hastings, is appointed administrator of the estate, with powers to call in and distribute it.

(b)      In  respect  of  the  High  Court  proceedings  issued  in  the  Napier

Registry: CIV-2011-441-00022, Mr Epplett is:

(i)to implement the mediated agreement dated 27 January 2012 (a copy of which is annexed), and be satisfied that the estate funds have been fully accounted for; and

(ii)to negotiate the costs of these proceedings and if necessary make submissions on that issue to the High Court if no agreement is reached.

(c)       In respect of the current application, costs are to lie where they fall.

[4]      Counsel are agreed that it is not necessary for me to set out the background to, and reasons for, the orders made.

[5]      For clarification, I record that these orders appoint Mr Epplett administrator of the estate, with the powers set out above.

[6]      I reserve leave to the administrator to apply for directions should that become necessary. Any such application shall be required to be on notice.

[7]      Regarding  the   application  for   probate   filed   by   Mark   Rozendaal  on

3 September 2013, I record Ms Pidwell’s advice on his behalf that he abides the Court’s decision to appoint Mr Epplett as administrator.  Mr Mark Rozendaal is directed to advise the Court and counsel for Ms Wright and Mr Scott Rozendaal

within 14 days whether he will now withdraw his application.

Andrews J