Jurisich v Harris

Case [2016] NZHC 525


IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2015-485-605889 [2016] NZHC 525

IN THE ESTATE OF IHAIA GILLMAN-HARRIS

IN THE MATTER

of the Administration Act 1969

BETWEEN

JEANA JURISICH

Caveator

AND

DESMOND HARRIS

Respondent

Hearing: 18 February 2016 (last submission 4 March 2016)

Counsel

A G Rowe for caveator
A W Johnson for respondent

Judgment:

24 March 2016

JUDGMENT OF KATZ J

This judgment was delivered by me on 24 March 2016 at 11:00am

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

Solicitors:           Wells & Co, Auckland

Martelli McKegg, Auckland

Copy to:              Public Trust

JURISICH v HARRIS [2016] NZHC 525 [24 March 2016]

Introduction

[1]      Ihaia Gillman-Harris died in tragic circumstances on 27 December 2014. Two men have been charged with his murder.  They face trial in the High Court at Auckland later this year.

[2]      Mr Gillman-Harris died intestate.  He was survived by ten siblings, who are entitled to share equally in his estate.   One of the deceased’s brothers, Desmond Harris, applied for letters of administration to enable him to administer the estate. One of the deceased’s sisters, Jeana Jurisich, does not believe that Mr Harris is a suitable person to administer their brother’s estate.  She has filed a caveat, objecting to his appointment as administrator.1

[3]      As is the usual practice in such circumstances, on 12 August 2015 an order nisi was made in respect of Mr Harris’s application.   This enables the deceased’s estate to be administered on an interim basis, pending the determination of Ms Jurisich’s objection to the appointment of Mr Harris as administrator.   An order was also made requiring Ms Jurisich to “show cause” why the order nisi in favour of Mr Harris should not be made absolute.2    Having now heard from the parties on that

issue, I must determine whether to:3

(a)       make the order nisi absolute; (b)           discharge the order nisi; or

(c)       order that the application for administration be made in solemn form.

[4]      Mr  Harris  submits  that  I  should  either  make  the  order  nisi  absolute

(his preferred  option)  or  order  that  his  application  be  made  in  solemn  form. Ms Jurisich submits, on the other hand, that I should either discharge the order nisi

1      Pursuant to ss 60 and 61 of the Administration Act 1969 (“Act”).

2      Pursuant to s 61(d) of the Act.

3      These are the three options under s 61(d) of the Act

and appoint a temporary administrator (her preferred option), or order that the application be made in solemn form.

[5]      If I order Mr Harris to make his application for letters of administration in solemn form, the application would then need to proceed to a full contested hearing. Such a hearing would most likely require the cross-examination of most or all of the witnesses who have sworn affidavits to date.

Relevant legal principles

[6]      If a caveator does not raise sufficient grounds at a s 61(d) “show cause” hearing to establish that a full inquiry should be made into the matters raised by the…

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Jurisich v Harris [2016] NZHC 525
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[2016] NZHC 525
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CaseChat Overview and Summary

Jeana Jurisich filed a caveat objecting to the appointment of Desmond Harris as the administrator of the estate of her deceased brother, Ihaia Gillman-Harris. The High Court of New Zealand was required to decide whether to make the order nisi absolute, discharge the order nisi, or order that the application for administration be made in solemn form. The court considered the evidence provided by both parties, including affidavits and witness statements. The court also took into account the additional information that emerged during the hearing, such as Mr. Harris's decision to distribute the estate's assets before the hearing. The court found that Mr. Harris's actions demonstrated poor judgment and a misunderstanding of his legal obligations. The court decided to discharge the order nisi in favour of Mr. Harris and appoint the Public Trust as the temporary administrator of the estate. The court also ordered Mr. Harris to cooperate with the Public Trust and provide all relevant information and documentation regarding the estate.

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Ratio Decidendi

Legal Principle Established

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