Josephine Takamore v Denise Clarke

[2012] NZSC 17

IN THE SUPREME COURT OF NEW ZEALAND

SC 131/2011
[2012] NZSC 17

BETWEEN  JOSEPHINE TAKAMORE
Applicant

AND  DENISE CLARKE
First Respondent

AND  NEHUATA TAKAMORE AND DONALD TAKAMORE
Second Respondents

Court:             Elias CJ, Blanchard and Tipping JJ

Counsel:         J P Ferguson and M M Tuwhare for Applicant
G J X McCoy, P N Allan and K J McCoy for First Respondent
No Appearance for Second Respondents

Judgment:      28 March 2012

JUDGMENT OF THE COURT

A        The application for leave to appeal is granted.

BThe approved grounds of appeal are whether the Court of Appeal was correct to hold that New Zealand law entitled the executrix to determine disposal of the body of the deceased and whether it was correct to hold that the executrix is entitled to take possession of the body of the deceased notwithstanding its burial.

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Solicitors:
Kahui Legal, Wellington for Applicant
GC Knight, Christchurch for First Respondents