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Articles for the keyword(s) "Administration of estates"

"Choice of Law in Equitable Wrongs: A Comparative Analysis"

Laurette Barnard, 1992

This article presents a comprehensive and in-depth comparative analysis of characterisation and choice of law in relation to equitable wrongs in English, Australian, Canadian and New Zealand law. The author proposes a flexible choice of law regime, based on the proper law of the claim, which should be determined with reference to the essential nature of equitable obligations and the policies operating in the field of fiduciary and related duties. Since the gaining of access to the beneficiary’s assets is the origin of the equitable obligation, the law under which access was gained should, subject to exceptions, constitute the proper law.

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"Security for Costs Where Plaintiff Resident Outside New Zealand – The New Zealand Decisions"

PRH Webb, 1975

The author presents an overview of cases in which Rule 577 of the Code of Civil Procedure has been applied within the context of requiring a foreign plaintiff to provide security for costs when proceeding against a New Zealand defendant. Applications of the Rule in relation to, inter alia, actions concerning breach of contract, administration of estates, companies and patents are considered, as well as the extent (amount) of security