Born in London, Graham Rowles died at Whangarei in 2017 leaving an estate valued at four million dollars. In an unsigned typewritten note, later accepted to be his valid will, he asked that his ashes be mixed with ground bait and thrown into a favoured fishing spot on the River Severn at Bewdley in Worcestershire and that his estate go to support guide dogs for the blind. This set the scene for claims against his estate by Angeline McMahon, claims dismissed by the High Court after a series of contested cases through the Tenancy Tribunal and the District Court.
The High Court was told Mr Rowles lived on a property at Tavinor Road off Otaiko Valley Road near Whangarei. There were two dwellings on site: one occupied by Mr Rowles; the other rented by Ms McMahon. She stopped paying rent in October 2016. On Mr Rowles’ death she claimed a right to continued occupation for herself and her adult children, rent free. There were allegations of her renting out the dwellings after Mr Rowleys’ death and keeping the rent.
This put her in direct conflict with New Zealand Foundation of the Blind, the sole beneficiary in Mr Rowley’s will. Her claims to occupation were dismissed by both the Tenancy Tribunal and the District Court. Financial offers to pack up and leave were ignored. It took an eviction order for Blind Foundation to get vacant possession of Tavinor Road before selling. Evidence was given of Ms McMahon persistently trespassing at Tavinor Road after her eviction and causing damage.
After sale of Tavinor Road, she was in the High Court pursuing a claim for $50,000 plus exemplary damages. She claimed that lawyers acting for the Blind Foundation had a conflict of interest (she was the first to contact them when she brought in Mr Rowles’ will) and that correct procedures in the Residential Tenancies Act were not followed prior to eviction.
Justice Toogood dismissed both claims. Her standing as the law firm’s client lapsed when she did not follow up on lawyer’s requests for her to complete court documents to have Mr Rowles’ typewritten note validated as his will; Blind Foundation stepped in to provide the necessary information. And there were no irregularities in the eviction process; delays arose from her appeals and extended time encouraging her to depart willingly.
McMahon v. Royal NZ Foundation of the Blind – High Court (9.08.21)
21.135