Little v Wright

[2025] NZHC 963

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CIV-2025-483-13

[2025] NZHC 963

BETWEEN

BARBARA JANE LITTLE

Plaintiff

AND

MELESETE WRIGHT

Defendant

Hearing:	On the papers
Appearances:	G P Mason for Plaintiff
Judgment:	23 April 2025

JUDGMENT OF McHERRON J

[1]                 Barbara Little is the daughter of the late Don Little, who died on 14 February 2024, leaving a will dated 22 March 2018. In Mr Little’s will, he left the whole of his estate to his partner Melesete Wright and appointed her his executor.

[2]                 Ms Little is bringing a claim under the Family Protection Act 1955. She applies under r 18.7 of the High Court Rules 2016 for directions as to service of the proceeding.1

[3]                 In support of the application for directions, Ms Little has provided by affidavit and memorandum of counsel the information that is necessary to enable the Court to decide what persons are or may be interested or adversely affected by the relief she seeks. In addition, Ms Little has provided with her application all the information set out in r 18.7(4) of the High Court Rules.

1      Family Protection Act 1955, s 4; High Court Rules 2016, r 18.1.

LITTLE v WRIGHT [2025] NZHC 963 [23 April 2025]

[4]                 In particular, the directions as to service sought provide for service of the proceeding on all of Mr Little’s children and grandchildren. Having regard to Practice Note 9 “Service on Grandchildren”, counsel has helpfully sought to minimise inconvenience and expense by rationalising service into groups of people who can conveniently be served through a central recipient.

[5]                 I have considered the documents filed on behalf of Ms Little. Based on these, I am satisfied that she has adequately specified the directions that need to be sought in respect of service on Mr Little’s children and grandchildren. They are, as Ms Little states in her counsel’s memorandum, the only other people with potential claims under the Family Protection Act.

[6]                 Accordingly, I make the directions as to service on the individuals listed in Ms Little’s application at the addresses set out in that document.

McHerron J