MA PAYNE TRUSTEE LTD AS TRUSTEE OF THE M.A. PAYNE FAMILY TRUST v NEW PLYMOUTH FAMILY COURT [2019] NZHC 1215

MA PAYNE TRUSTEE LTD AS TRUSTEE OF THE M.A. PAYNE FAMILY TRUST v NEW PLYMOUTH FAMILY COURT [2019] NZHC 1215

The application to set aside the 2003 Family Court consent orders is dismissed: there was no breach of natural justice to the MAPFT or to the remote discretionary beneficiaries given trustees' participation and applicable service rules, the Family Court had adequate material to satisfy jurisdictional thresholds, and...

Source-derived case information.

Citation
[2019] NZHC 1215
Parties
First Plaintiff: MA PAYNE TRUSTEE LTD AS TRUSTEE OF THE M.A. PAYNE FAMILY TRUST; Second Plaintiffs: DOREEN EDNA MALONEY-COLES; RAYMOND JOHN KURTH; JAMES PETER FISHER; First Defendant: NEW PLYMOUTH FAMILY COURT; Second Defendants: JOHN PATRICK LARMER; SHEREEANN PAYNE AS TRUSTEES OF THE BERNARD AND NANCY PAYNE FAMILY TRUST; Third Defendant: SHEREE ANN PAYNE; Fourth Defendants: STUART TRUNDLE; NEIL ROBERT MAULDER AS EXECUTORS AND TRUSTEES IN THE ESTATE OF MARK ANDREW PAYNE; Fifth Defendants: NICHOLSONS; Sixth Defendants: NANCY PAYNE
Court
High Court
Jurisdiction
New Zealand
Judgment Date
30 May 2019
Procedural Posture
Application for Judicial Review of Family Court Consent Orders and Attendant Civil Claims (knowing Receipt/assistance) / Hearing and Judgment (high Court Decision)
Outcome
Application dismissed
Legal Topics
Setting Aside Consent Orders, Natural Justice and Service, Trustees Duties and Discretionary Beneficiaries, Knowing Receipt, Knowing Assistance, Limitation and Final Distribution
Trusts Family Protection Act Civil Procedure Equity Succession Law Setting Aside Consent Orders Natural Justice and Service Trustees Duties and Discretionary Beneficiaries +3 more

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Parties

MA PAYNE TRUSTEE LTD AS TRUSTEE OF THE M.A. PAYNE FAMILY TRUST

First Plaintiff

DOREEN EDNA MALONEY-COLES; RAYMOND JOHN KURTH; JAMES PETER FISHER

Second Plaintiffs

NEW PLYMOUTH FAMILY COURT

First Defendant

JOHN PATRICK LARMER; SHEREEANN PAYNE AS TRUSTEES OF THE BERNARD AND NANCY PAYNE FAMILY TRUST

Second Defendants

SHEREE ANN PAYNE

Third Defendant

STUART TRUNDLE; NEIL ROBERT MAULDER AS EXECUTORS AND TRUSTEES IN THE ESTATE OF MARK ANDREW PAYNE

Fourth Defendants

NICHOLSONS

Fifth Defendants

NANCY PAYNE

Sixth Defendants

Procedural Posture

Application for Judicial Review of Family Court Consent Orders and Attendant Civil Claims (knowing Receipt/assistance) / Hearing and Judgment (high Court Decision)

Legal Issues

  1. 1 Whether Family Court consent orders of 2003 should be set aside
  2. 2 Whether failure to serve or notify remote discretionary beneficiaries breached natural justice
  3. 3 Whether Family Court had jurisdiction under Family Protection Act ss 3 and 4A to make the orders

Ratio Decidendi

The application to set aside the 2003 Family Court consent orders is dismissed: there was no breach of natural justice to the MAPFT or to the remote discretionary beneficiaries given trustees' participation and applicable service rules, the Family Court had adequate material to satisfy jurisdictional thresholds, and even if error existed the long delay and final distribution of the estate preclude setting aside the orders.

Court Disposition

Application dismissed

Orders

  • Application for judicial review and interlocutory relief dismissed
  • 2B costs awarded to defendants (costs to follow event); if costs not agreed, memoranda to be filed