HELIO TRUSTEES 3 LIMITED v RONALD GRAY TRUSTEE LIMITED [2023] NZHC 1284

HELIO TRUSTEES 3 LIMITED v RONALD GRAY TRUSTEE LIMITED [2023] NZHC 1284

The court refused Helio's application for an affidavit-only disposal or separation of the preliminary issue because determination of the validity of the February 2020 deeds would not necessarily dispose of the proceeding given outstanding contested issues (notably Ronald's capacity in July 2021 and the conduct of Tavendale lawyers) that require testing at a full trial; the court refused leave for RGTL to apply for summary judgment because the November 2022 deed did not resolve multiple live factual and legal disputes (protector status, fiduciary exercise, validity of prior deeds, identity of trustee across periods) and those issues could not be resolved fairly on summary judgment; the...

Citation
[2023] NZHC 1284
Parties
Plaintiff/counterclaim Defendant: Helio Trustees 3 Limited; Defendant/counterclaim Plaintiff: Ronald Gray Trustee Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 June 2023
Procedural Posture
Declaratory Judgment Under the Declaratory Judgments Act 1908 / Interlocutory Applications (directions Under Part 18 and Application for Leave to Apply for Summary Judgment)
Outcome
Helio's Part 18 application dismissed; RGTL's application for leave to apply for summary judgment dismissed; Court declined to intervene to appoint Public Trust
Legal Topics
Validity of Trust Variation Deeds, Trustee Appointment and Removal, Capacity and Undue Influence, Affidavit Only Hearing Under Part 18, Leave to Apply for Summary Judgment, Court Supervision and Appointment of Trustee
Trusts Equity Civil Procedure Declaratory Relief Fiduciary Duties Validity of Trust Variation Deeds Trustee Appointment and Removal Capacity and Undue Influence +3 more

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Parties

Helio Trustees 3 Limited

Plaintiff/counterclaim Defendant

Ronald Gray Trustee Limited

Defendant/counterclaim Plaintiff

Procedural Posture

Declaratory Judgment Under the Declaratory Judgments Act 1908 / Interlocutory Applications (directions Under Part 18 and Application for Leave to Apply for Summary Judgment)

Legal Issues

  1. 1 Whether the February 2020 deeds executed by RGTL validly removed protector powers and added trustees
  2. 2 Whether the proceeding can be disposed of by affidavit-only hearing under Part 18 or by separating a preliminary issue
  3. 3 Whether RGTL should be granted leave to apply for summary judgment based on the November 2022 deed reappointing RGTL

Ratio Decidendi

The court refused Helio's application for an affidavit-only disposal or separation of the preliminary issue because determination of the validity of the February 2020 deeds would not necessarily dispose of the proceeding given outstanding contested issues (notably Ronald's capacity in July 2021 and the conduct of Tavendale lawyers) that require testing at a full trial; the court refused leave for RGTL to apply for summary judgment because the November 2022 deed did not resolve multiple live factual and legal disputes (protector status, fiduciary exercise, validity of prior deeds, identity of trustee across periods) and those issues could not be resolved fairly on summary judgment; the...

Court Disposition

Helio's Part 18 application dismissed; RGTL's application for leave to apply for summary judgment dismissed; Court declined to intervene to appoint Public Trust

Orders

  • Helio's application to have the proceeding dealt with by an abbreviated process under Part 18 or to have the proposed preliminary issue determined is dismissed
  • RGTL's application for leave to apply for summary judgment is dismissed