Parker

The applicants, Alan Rex Parker and Murray Charles Parker, sought the removal of themselves as executors and administrators of their late father Ian Rex Parker's estate, due to disagreements over the administration of the estate. Their sisters, who are also beneficiaries of the estate, have consented to the appointment of Mr. Matthew Joseph Koppens as the sole executor and administrator in place of the applicants. The applicants also seek permission to proceed by way of an originating application for their removal. The court was required to decide whether to grant permission to proceed with the application and to determine whether the applicants should be removed as executors and administrators.

The High Court of New Zealand granted the application for permission to proceed by way of an originating application. The court found that the applicants had provided sufficient grounds for their removal as executors and administrators of the estate. The court also noted that Mr. Koppens consented to his appointment, subject to being authorised to charge his usual fees as a barrister. The court directed that the reasonable costs of the applicants on the application be paid out of the funds of the estate.

The court granted the application and made orders in the form of the draft order filed with the application. The court also directed that the reasonable costs of the applicants on this application be paid out of the funds of the estate. The court's decision was based on the applicants' inability to agree on how the estate should be administered and the consent of all beneficiaries, including the applicants' sisters, to the appointment of Mr. Koppens as the sole executor and administrator.