Estate of Tai HC Rotorua CIV 2006-463-669

[2007] NZHC 1582

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV 2006-463-669

IN THE ESTATE OF      RAHI ELIZA TAI also known as ELIZABETH RAHI TAI-OHLSON late of Whakatane, Widow

ANDTAHAWERA TAI Applicant

Hearing:         7 February 2007

Appearances: Ms S M Kai Fong for Applicant

Judgment:      7 February 2007

ORAL JUDGMENT OF BARAGWANATH J

Solicitors:

McKechnie Quirke & Lewis, Solicitors, PO Box 242, Rotorua (Fax: [phone])

ESTATE OF R E TAI AND T TAI HC ROT CIV 2006-463-669  7 February 2007

[1]      This is the Estate of Rahi Eliza Tai.  The will of the deceased appointed, as her executors and trustees, her sons Mala Tai and Tahawera Tai.

[2]      By affidavit sworn on 19 September 2006 Mr Tahawera Tai deposes that his brother refuses to sign a Deed of Renunciation and will not contact the family to proceed  with the probate application, which is in relation  to  the  estate of  their mother.  Mr Tahawera Tai states that on two occasions he has asked his brother to contact the estate’s solicitors so that the probate documents can be signed, but he did not do so.

[3]      At a family meeting on 12 March 2006 Mr Tahawera Tai expressed to his other brothers and sisters his concerns, asking if they knew why Mr Mala Tai refused to proceed with the matter.

[4]      Believing that he has exhausted all avenues in trying to get his brother to do so, he now applies to this Court for an order that probate be granted to him alone. Although originally filed ex parte as directed by Associate Judge Gendall on 21

November 2006, there have been served on Mr Mala Tai the application, the Order of Associate Judge Gendall, and advice of today’s hearing.   For some reason the affidavit supporting the application was not served.

[5]      I am nevertheless satisfied that there should be an order under s 19 of the

Administration Act 1969 granting probate to Mr Tahawera Tai alone. [6]     There will be an order accordingly.

[7]      The  original  affidavit  of  service  has  not  yet  been  filed;  there  has  been tendered this morning a photocopy, and this order is to lie in Court until the original has been filed.

[8]      There is an application for costs which must follow the event.   This is a simple form of interlocutory application falling within category 1 for which the appropriate daily recovery rate is $1,070.  It falls within time band A.  The fee for preparation is .3 of a day and for appearance .2, a total of .5.

[9]      The order for costs will therefore be $500 plus disbursements as fixed by the

Registrar.  This will include the costs of the process server.

Baragwanath J