Jackson

[2020] NZHC 885

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

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

CIV-2019-485-601075

[2020] NZHC 885

IN THE ESTATE OF

GARRY LYNN JACKSON

Applicant

Hearing:	On the Papers
Counsel:	J Gilbert for Applicant
Judgment:	4 May 2020

JUDGMENT OF CLARK J

[1]                  Garry Lynn Jackson died on 18 January 2019 without leaving a will. He is survived by Dianna Dallimore his spouse, who is entitled to succeed on the intestacy.

[2]                  On 25 January 2019 a caveat against a grant of administration was filed by Kylie Anne Moore, solicitor of the firm Gawith Burridge, Masterton.

[3]On 2 October 2019 Ms Dallimore applied for the grant of administration.

[4]                  On 11 February 2020 Mr J D Earles, Registrar, granted the application by   Ms Dallimore for an order nisi for grant of letters of administration.

[5]                  Monday 9 March at 10am was scheduled for the caveator, Jason Paul Francis Jackson, to show cause why the order nisi should not be made. The caveator did not appear.

JACKSON [2020] NZHC 885 [4 May 2020]

[6]                  Section 61 of the Administration Act 1969 enables an order nisi to be made absolute if the caveator does not appear on the day named in the order nisi, “upon an affidavit of service”. No affidavit of service had been filed.

[7]                  The affidavit of service required by s 61(D) of the Administration Act has now been filed. The pre-requisite in s 61(D) of the Administration Act having been met, the order nisi may be made absolute.

1. Accordingly, the following orders are made:

(a)The order nisi is made absolute; and

(b)The costs of preparing for, and appearing at, the “show cause” hearing and attending to the filing of an affidavit of service may be paid from the estate on a lawyer-client basis.

Karen Clark J

Solicitors:

Gawith Burridge, Masterton