IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY
I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE
CIV-2019-418-000001
[2020] NZHC 1686
UNDER section 339 of the Property Law Act 2007 BETWEEN
DEA MARIE MINEHAN
First Plaintiff
JULIE MARIE MADIGAN
Second PlaintiffAND
BEDE CHRISTOPHER McGUIGAN
First Defendant
KIERAN HUGH McGUIGAN
Second Defendant
Hearing: 8 July 2020 Counsel:
D L Bell for the Plaintiffs
No appearance for the Defendants
Judgment:
14 July 2020
JUDGMENT OF DOOGUE J
This judgment was delivered by Justice Doogue on 14 July 2020 at 3.00 pm
pursuant to Rule 11.5 of the High Court Rules.
Registrar / Deputy Registrar Date:
Solicitors:
Parry Field Lawyers, Christchurch
MINEHAN & ANOR v McGUIGAN & ANOR [2020] NZHC 1686 [14 July 2020]
Introduction
[1] The plaintiffs and the first defendant are cousins who own three properties near Ross on the West Coast of the South Island. The properties are known as the Totara Valley Block, Paddy’s Block and the Mikonui River Run.
[2] The three properties have been farmed in conjunction with each other in a farming partnership for many years, by the same family through the generations.
[3] The plaintiffs seek an order under s 339(1)(c) of the Property Law Act 2007 (the Act), requiring them to purchase the first defendant’s interest in the properties at a fair and reasonable price and binding the defendant to give effect to the order by transferring his interest in the properties to the plaintiffs; or alternatively an order under s 339(1)(b) of the Act, dividing the properties amongst the plaintiffs and the first defendant.
[4] The first defendant has not taken any steps in the matter, and the claim proceeds by way of formal proof.
Background
[5] The first plaintiff is the executrix of the Estates of Martin John Minehan (Martin) and James Francis Minehan (Jim). Martin and Jim inherited the Totara Valley Block from their father. Martin is the plaintiffs’ father.
[6] Jim and Martin operated the Totara Valley Block as a farm through a partnership called “Minehan Bros” (the Partnership). They then purchased Paddy’s Block and Mikonui River Run as tenants in common in equal shares.
Administration of the Estates
[7] Jim died on 22 January 1994. He left his estate to Martin and to their sister Aileen. Martin and Aileen were both appointed executors of Jim’s estate.
[8] Aileen died on 13 January 2012. She left her estate to her nephews, the first and second defendants. Aileen died before Jim’s estate was administered.
[9] Martin died on 23 August 2014. He left his estate to the plaintiffs, and the first plaintiff was appointed as his executrix. The first plaintiff also became executrix of Jim’s estate.
[10] The net result of the succession is that the first plaintiff inherited a half share of the properties, the second plaintiff inherited a one-quarter share, and the first and second defendants inherited a one-eighth share each. Since the commencement of the proceedings, the second defendant has transferred his one-eighth interest to the first…
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- Minehan v McGuigan [2020] NZHC 1686
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- [2020] NZHC 1686
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