Harvey v Harvey

Case [2021] NZHC 3264


IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2017-419-295

[2021] NZHC 3264

UNDER the Law Reform (Testamentary Promises) Act 1949

IN THE MATTER

of the estate of MARTIN LEONARD HARVEY

BETWEEN

BRETT LEONARD HARVEY

Plaintiff

AND

PAUL MARTIN HARVEY and CLARK

ROLAND HARVEY as executors of the estate of MARTIN LEONARD HARVEY
Defendants

…/cont

Hearing: On the papers

Counsel:

DRI Gay for Brett Harvey

SWM Piggin for Delwyn Sinclair P J Stevenson for Margaret Harvey

K A Badcock and LAL Badcock for Bryce Harvey A McMillan for Paul Harvey

S C Dench for the Executors of the Estate of Martin Harvey

Judgment:

1 December 2021


JUDGMENT OF GORDON J

[As to costs]


This judgment was delivered by me

on 1 December 2021 at 4.30 pm, pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

HARVEY v HARVEY [2021] NZHC 3264 [1 December 2021]

CIV-2019-419-21

UNDER  the Family Protection Act 1955

IN THEMATTER OF     the estate of MARTIN LEONARD HARVEY

BETWEEN  BRYCE CHARLES HARVEY

Plaintiff

AND  PAUL MARTIN HARVEY and CLARK

ROLAND HARVEY as executors of the estate of MARTIN LEONARD HARVEY

Defendants

CIV-2019-419-68

IN THEMATTER OF     the estate of MARTIN LEONARD HARVEY

BETWEEN  DELWYN MARGARET SINCLAIR

First Plaintiff

ANDDELWYN MARGARET SINCLAIR and MARGARET CHRISTINE HARVEY as

trustees of the Maraetai Trust Second Plaintiffs

AND  PAUL MARTIN HARVEY and CLARK

ROLAND HARVEY as executors of the estate of MARTIN LEONARD HARVEY

Defendants

CIV-2019-419-82

IN THEMATTER OF     the estate of MARTIN LEONARD HARVEY

BETWEEN  PAUL MARTIN HARVEY

Plaintiff (DISCONTINUED)

AND  PAUL MARTIN HARVEY and CLARK

ROLAND HARVEY as executors of the estate of MARTIN LEONARD HARVEY

Defendants

…/cont

CIV-2020-419-158

UNDERthe Property (Relationships) Act 1976 and the Family Protection Act 1955

IN THE MATTER           of the estate of MARTIN LEONARD HARVEY

BETWEEN  MARGARET CHRISTINE HARVEY

Applicant

AND  PAUL MARTIN HARVEY and CLARK

ROWLAND HARVEY as executors of the estate of MARTIN LEONARD HARVEY

Respondents

Solicitors:Allen Needham & Co Ltd, Morrinsville Le Pine & Co, Taupo

Badcock Law, Rotorua

Carson Fox Bradley, Auckland B Knowles, Auckland

Counsel:DRI Gay, Auckland SWM Piggin, Auckland P J Stevenson, Auckland A MacMillan, Albany

[1]                 This judgment decides applications for costs by siblings Brett Harvey, Delwyn Sinclair and Paul Harvey and their mother, Margaret Harvey, against Bryce Harvey, their brother and son respectively.1

[2]                 The substantive proceedings were in relation to the Will of Mrs Harvey’s late husband, Martin Harvey, who died on 6 April 2016. Mr Harvey was survived by his wife, Mrs Harvey, and his five adult children: Paul, Brett, Clark, Delwyn and Bryce. The background to the claims is set out in my judgment of 14 September 2021.2 I reproduce that background below:

[4]        Brett, Delwyn, Bryce and Mrs Harvey are all plaintiffs in these proceedings. Brett’s case and Delwyn’s case are centred on debts which are presently classified as loans in the assets of Mr Harvey’s estate. Brett says that at the time his debt arose, there was an agreement between him and…

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Harvey v Harvey [2021] NZHC 3264
Case
[2021] NZHC 3264
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CaseChat Overview and Summary

The case of Harvey v Harvey involved multiple family members litigating over the estate of Martin Harvey, who passed away in 2016. The High Court of New Zealand considered claims and counterclaims related to debts owed to the estate, property interests, and moral duties owed under the Family Protection Act 1955. The court awarded costs against Bryce Harvey to Brett, Delwyn, and Margaret Harvey, as well as the estate, for their successful claims. The court found that Bryce's conduct throughout the proceedings, including making meritless arguments and unreasonably refusing settlement offers, contributed to the time and expense of the proceedings. As a result, the court awarded increased costs to Brett, Delwyn, and Mrs Harvey, and indemnity costs to the estate. The court did not award indemnity costs to Paul Harvey, finding that Bryce's conduct, while unreasonable, did not meet the threshold for such an award. The final costs awards totalled $119,975.09 for Brett, $142,270.11 for Delwyn, $115,530.75 for Mrs Harvey, $54,167.70 for Paul, and $165,712.80 for the estate, all against Bryce.

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