Estate of Singh

[2023] NZHC 3219

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV 2022-485-610040

[2023] NZHC 3219

IN THE MATTER OF The Estate of BIMLA WATI SINGH

Hearing:	On the papers
Judgment:	15 November 2023

JUDGMENT OF O’GORMAN J

This judgment was delivered by me on 15 November 2023 at 12 noon pursuant to

Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar

Solicitors/Counsel:

Neilsons Lawyers, Onehunga Douglas M A Burgess, Auckland A V Shinkarenko, Auckland

Estate of Bimla Singh [2023] NZHC 3219.

[1]    The applicant, Shalvin Neel Dutt, is applying for an order to have probate granted absolute. An order nisi was made on 22 August 2023. Initially, a caveat against administration was filed by Sarita Chandra, a stepdaughter of Bimla Singh. At a call of the matter before the Duty Judge on 13 September 2023, counsel for the caveator Sarita Chandra offered no cause. However, another stepdaughter Rita Singh filed her own caveat on 13 September 2023, so the proceeding was adjourned to enable the newly-filed document to be addressed.

[2]    On 13 October 2023, this  matter  was  placed  on  the  Duty  Judge  list  on 15 November 2023 to allow Rita Singh’s newly instructed counsel to take instructions and, if appropriate, file documents in opposition.

[3]    On 14 November 2023 counsel for the applicant and Rita Singh filed a joint memorandum recording that Rita Singh has agreed to withdraw her caveat. Both parties confirm that an order can be made discharging that caveat and making the order as to probate final. In respect of the issue of costs, they seek a timetable for filing memoranda if they cannot resolve those issues between themselves.

[4]Accordingly, I make the following orders:

(a)The caveats filed by Sarita Chandra and Rita Singh are discharged;

(b)The order nisi for grant of probate dated 22 August 2023 is now made absolute. Probate of the will of 19 May 2022 is granted to Shalvin Neel Dutt, the executor named in the will.

(c)In the event that the parties are unable to resolve the issue of costs, either  party  may  file  and  serve   a  memorandum   by  5.00  pm,   22 November 2023, and the other party may file and serve a memorandum in reply by 5.00 pm, 29 November 2023, with costs to be determined on the papers;

(d)Appearances were excused for the mention scheduled for 15 November 2023.

O’Gorman J