IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV 2020-404-002531
[2021] NZHC 1771
UNDER the Administration Act 1969 IN THE MATTER OF
an application for letters of administration
BETWEEN
SHANNON MAREE HARVEY
Applicant
AND
JATUPORN HARVEY
Respondent
Hearing: 29 April 2021 Appearances:
J B Murray for the Applicant
G J Thwaite for the Respondent
Judgment:
14 July 2021
Reissued:
16 July 2021
JUDGMENT OF VAN BOHEMEN J
This judgment was delivered by me on 14 July 2021 at 3.30pm Pursuant to Rule 11.5 of the High Court Rules and
re-delivered by me on 16 July 2021 in accordance with High Court Rules 2016, r 11.10
…………………………
Registrar/Deputy Registrar
Solicitors/Counsel:
Vallant Hooker & Partners, Auckland Gregory J Thwaite, Auckland
HARVEY v HARVEY [2021] NZHC 1771 [14 July 2021]
Introduction
[1] Shannon Maree Harvey (Shannon), the applicant, seeks letters of administration appointing Robert Maurice Harvey (Robert), Shannon’s uncle, as administrator of a will dated 19 November 2014 (2014 will) of Graham Trevor Harvey (Graham), Shannon’s father. Graham died at Auckland on 28 March 2020.
[2] Shannon also seeks permission to commence this proceeding by originating application and an order requiring the respondent, Jatuporn Harvey (Jatuporn), who was Graham’s wife when he died and is the sole residuary beneficiary under the 2014 will, to produce the original 2014 will.
[3] Dawn Wong, who was appointed executrix and trustee of the 2014 will, has renounced her right to probate of the 2014 will.
[4] Jatuporn opposes the appointment of Robert as administrator of Graham’s will. Jatuporn abides the Court’s decision on the application to commence the proceeding by originating application. Jatuporn opposes any order that she produce personally the original of the 2014 will which, she says, she has never held.
Relevant background
[5] In 2001, Graham and Jatuporn were married in Thailand. They returned to live in New Zealand. This was Graham’s second marriage.
[6] Graham had two daughters, Shannon and Kelly-Ann, from his first marriage, which was dissolved in July 1998.
[7] During his working life, Graham built up his wealth through a furniture company, Forhomes Furnishers and Flooring Ltd (Forhomes), and related investments. He also invested in the bloodstock industry. Over time, Forhomes was renamed Forhomes Investments Ltd and much of Graham’s wealth, including his home in Danica Esplanade, Te Atatū Peninsula, was consolidated into the company. As at 11 March 2011, 199,000 of the 200,000 shares in Forhomes were held in Graham’s name.
[8] Robert, who was Graham’s only sibling and who believes he has a reasonably good knowledge of Graham’s financial affairs over the years, states that he believes that Graham’s estate, including property in Jatuporn’s name, could be worth a substantial amount.
[9] Jatuporn says Graham’s estate consists principally or exclusively of shares in Turners Automotive Group, which she estimates to be worth about $90,000. That estimate is on the basis that the shares in Forhomes and the Danica Esplanade property are not part of Graham’s estate.
[10]…
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