Graham v Oakley

[2022] NZHC 1447

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2021-485-607295 [2022] NZHC 1447

UNDER

the Administration Act 1969

IN THE MATTER

of the estate of the late STEVEN PAUL GRAHAM

BETWEEN

JOHN WILLIAM GRAHAM and SUZANNE GRAHAM

Applicants

AND

JOANNE MARIE OAKLEY

Respondent

Hearing:

20 June 2022

Appearances:

D M Jackson for Applicants

M Hastings for Respondent (Caveator)

Judgment:

20 June 2022

JUDGMENT OF OSBORNE J

[1]Steven Paul Graham died at Swannanoa on or about 4 May 2021.

[2]                 The applicants, John William Graham and Suzanne Graham, have produced a document dated 18 February 2000 as what they believe to be Mr Graham’s last Will.

[3]Joanne Marie Oakley caveated Mr Graham’s Will on 3 June 2021.

[4]                 The applicants then obtained an order nisi for grant of Probate, with Ms Oakley to show cause today why the order nisi should not be made absolute.

GRAHAM v OAKLEY [2022] NZHC 1447 [20 June 2022]

[5]                 Ms Oakley did not file evidence in support of her caveat. Instead, she filed a memorandum on 16 June 2022 withdrawing her caveat.

Discussion

[6]                 Under s 61(c) Administration Act 1969, the withdrawal of Ms Oakley’s caveat means that the order nisi previously made may be made absolute.

[7]                 That is the appropriate course for the Court to follow, a matter recognised by Mr Hastings as counsel for Ms Oakley.

Order

[8]I order:

(a)the order nisi made by this Court on 20 June 2022 is hereby made absolute; and

(b)as between the applicants and the respondent there is no order as to the costs and disbursements of the caveat proceedings.

Osborne J

Solicitors:

Mortlocks, Lawyers, Christchurch Parry Field Lawyers, Christchurch

Counsel: M Hastings (Mortlock McCormack Law)