P M WILKINSON v D W WILKINSON and J D LANDERS as executors of the Estate of W L WILKINSON & ORS [2018] NZHC 2258

P M WILKINSON v D W WILKINSON and J D LANDERS as executors of the Estate of W L WILKINSON & ORS [2018] NZHC 2258

Clauses 16 and 18 of the Heads of Agreement are unqualified conditions giving the trustees and Barbara unfettered discretion to withhold agreement; they did not agree and did not sign in their capacities that would bind the Trust or Barbara, so no binding agreement arose; the estoppel claim fails because any expectation is contradicted by the clear terms of the Heads and there is no actionable reliance or detriment; the applicants have discharged the onus on summary judgment and the counterclaim is dismissed.

Citation
[2018] NZHC 2258
Parties
Plaintiff / Counterclaim Defendant: Patricia Mary Wilkinson; First Defendant / Trustee / Counterclaim Defendant: David William Wilkinson; First Defendant / Executor: John Duncan Landers; Counterclaim Plaintiff: Henry William Bell; Counterclaim Defendant / Trustee: Wilkinson Independent Trustees Limited; Counterclaim Defendant: Barbara Ann Wilkinson; Executors / Defendants: Executors of the Estate of William Louis Wilkinson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 August 2018
Procedural Posture
Family Protection Act Proceedings / Summary Judgment / Summary Judgment Application
Outcome
Counterclaim dismissed; summary judgment granted for the applicants (trustees and Barbara Wilkinson).
Legal Topics
Heads of Agreement, Contract Interpretation, Estoppel, Summary Judgment, Mediation Agreements, Trust Administration
Family Law Trusts and Trustees Estates and Probate Civil Procedure Heads of Agreement Contract Interpretation Estoppel Summary Judgment +2 more

Case Brief

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Parties

Patricia Mary Wilkinson

Plaintiff / Counterclaim Defendant

David William Wilkinson

First Defendant / Trustee / Counterclaim Defendant

John Duncan Landers

First Defendant / Executor

Henry William Bell

Counterclaim Plaintiff

Wilkinson Independent Trustees Limited

Counterclaim Defendant / Trustee

Barbara Ann Wilkinson

Counterclaim Defendant

Executors of the Estate of William Louis Wilkinson

Executors / Defendants

Procedural Posture

Family Protection Act Proceedings / Summary Judgment / Summary Judgment Application

Legal Issues

  1. 1 Whether the Heads of Agreement was a binding contract
  2. 2 Whether clauses 16 and 18 rendered the agreement conditional on the trustees' and Barbara Wilkinson's consent such that no binding agreement existed
  3. 3 Whether the trustees or Barbara had entered into or subsequently repudiated any binding agreement

Ratio Decidendi

Clauses 16 and 18 of the Heads of Agreement are unqualified conditions giving the trustees and Barbara unfettered discretion to withhold agreement; they did not agree and did not sign in their capacities that would bind the Trust or Barbara, so no binding agreement arose; the estoppel claim fails because any expectation is contradicted by the clear terms of the Heads and there is no actionable reliance or detriment; the applicants have discharged the onus on summary judgment and the counterclaim is dismissed.

Court Disposition

Counterclaim dismissed; summary judgment granted for the applicants (trustees and Barbara Wilkinson).

Orders

  • Counterclaim of Henry William Bell dated 25 August 2017 dismissed
  • Summary judgment granted in favour of the applicants (the trustees and Barbara Wilkinson) on the counterclaim