Woods v Minchington

[2020] NZHC 1910

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2019-409-376

[2020] NZHC 1910

UNDER

the Law Reform (Testamentary Promises) Act 1949 and its amendments

AND

IN THE MATTER

of the Estate of ROGER ERNEST WOODS, Deceased

BETWEEN

HEATHER JOAN WOODS

Plaintiff

AND

NATALIE ELLEN MINCHINGTON, JASON ERNEST WOODS AND ANDREW

KEVIN STEEL, trustees of the Estate of Roger Ernest Woods

Defendants

Hearing:

On the papers

Counsel:

B R D Burke for the Plaintiff

A Logan and B Walker for Defendants

Judgment:

31 July 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

(as to Tomlin Order)

This judgment was delivered by me on 31 July 2020 at 3.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 31 July 2020

WOODS v MINCHINGTON [2020] NZHC 1910 [31 July 2020]

[1]    This proceeding concerns a claim under the Law Reform (Testamentary Promises) Act 1949 (the Act) by the plaintiff against the Estate of the late Roger Ernest Woods. The matter was scheduled to be set down for a judicial settlement conference commencing on 3 August 2020.

[2]    Prior to the conference, the parties reached a settlement and have agreed on the terms of a Tomlin Order and submitted it to the Court for approval.

[3]    Having reviewed the papers filed by the plaintiff for the settlement conference, and the terms of the settlement agreement, it appears to me the parties have reached  a sensible and pragmatic resolution.

[4]I order by consent:

(a)the parties having agreed to the terms set forth in the attached Schedule, it is ordered that all further proceedings in this action be stayed, except for the purpose of carrying such terms into effect; and

(b)leave is granted to the parties to apply as to the carrying of such terms into effect.

Associate Judge Lester

Solicitors:

Harmans Lawyers, Christchurch Mortlock McCormick, Christchurch

Copy to counsel: B Walker, Barrister, Christchurch

TLIE SCHEDULE

UPOk the ysrt!ee hsvl\ig settled tLelr dispute, IT IS AGREEb THAT:

The Estate shall transfer to the pIalntl# the undlvld0d one-half ehare In Lot 1, Depoel(ed Plan G9258 (Idel1tlJIe1' CB408/742), Df Wh\«h the dec0a8ed wt8 (he reglstefed pr0prle(0r Bt (lie tliTlo 0f hle daa(h,

2. The E9tat0 8L0II day the yl I»tlft ihe sun of $80,000,00 by transfer' to

Harl\ian I Co's tf‹let aecour\I,

In eXohange, the plaintiff shall trahafef(0 the Eatate hai property at3Y Rus»ell8 Road, Oxford, b8!•0  110 Depoel(ed Plan 13e (Identifier GB244 OQ,

4. 9e(lleMen( 0f th6 981d land (l'ars(els alid ¢t»h pByfreh( shtll be by Way Of slIT\\tltg \0018 eX0l›ah0e 0 \ ¥0›\day, 24 August 2020.

The d8(ei\dah(8 MBA I'8lTl0Ve th0 gtoeent heodetol1e on the

De ea«ed'e grave provided 1het th6g £0IT0V0 It lhdalTttg8d 80d gB\IB It delivered at their exren«e to the plalntlff'a a4dree«and that any replao0M8nt hea0st0n Is to be erected wlthln 6 months of the removal and ehall I\BM0 lho Deceaa•4't •hlIdf8h, DBA/f\, J88on add Efl0 Bid l00lUd6 the pLfi2t0 "loved by many otljefs”,

8. The parties shall do all thlngs ahd slgn all documents (Including A I I forms) as are recessaiy to gly0 effect to these terrrs of settl8meht.

Tl10 MB((0f8 8gt80d herel are In full and flnal settlement of all mat(ers

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