MCQUARRIE AND ORS v MCQUARRIE AND ANOR [2014] NZHC 643

MCQUARRIE AND ORS v MCQUARRIE AND ANOR [2014] NZHC 643

The first defendant was removed because his ongoing refusal to allow distribution and insistence on unresolved claims prevented proper execution of the trust, endangered administration by causing needless delay and cost, and therefore removal was necessary to protect beneficiaries' interests; the second defendant...

Source-derived case information.

Citation
[2014] NZHC 643
Parties
Plaintiff/trustee: Kerry Mason McQuarrie; Plaintiff/trustee: Tuhi Marama Moeke; Plaintiff/trustee: Tari Hamiora Moeke; First Defendant/trustee: Larry Clyde McQuarrie; Second Defendant/trustee: Rani Ngarimu Moeke
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 April 2014
Procedural Posture
Removal of Executors and Trustees (application) / Judgment Delivered
Outcome
First defendant (Larry Clyde McQuarrie) removed as trustee; second defendant (Rani Ngarimu Moeke) not removed; costs allocated between defendants.
Legal Topics
Removal of Trustee, Executor Removal, Beneficiary Interests, Administration of Estate, Costs Allocation
Trusts Estate Law Probate Civil Procedure Costs Removal of Trustee Executor Removal Beneficiary Interests +2 more

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Parties

Kerry Mason McQuarrie

Plaintiff/trustee

Tuhi Marama Moeke

Plaintiff/trustee

Tari Hamiora Moeke

Plaintiff/trustee

Larry Clyde McQuarrie

First Defendant/trustee

Rani Ngarimu Moeke

Second Defendant/trustee

Procedural Posture

Removal of Executors and Trustees (application) / Judgment Delivered

Legal Issues

  1. 1 Whether the first defendant should be removed as a trustee for obstructing administration of the estate
  2. 2 Whether the Court has jurisdiction to remove a trustee under its inherent jurisdiction
  3. 3 Allocation of costs between trustees and beneficiaries

Ratio Decidendi

The first defendant was removed because his ongoing refusal to allow distribution and insistence on unresolved claims prevented proper execution of the trust, endangered administration by causing needless delay and cost, and therefore removal was necessary to protect beneficiaries' interests; the second defendant was not removed because he promptly sought advice and consented, meriting only limited costs against him.

Court Disposition

First defendant (Larry Clyde McQuarrie) removed as trustee; second defendant (Rani Ngarimu Moeke) not removed; costs allocated between defendants.

Orders

  • Larry Clyde McQuarrie is removed as a trustee of the estate of Hamiora Haereroa Moeke.
  • Costs of $1,000 are ordered against Rani Ngarimu Moeke.