SETTER, PEACOCK, MIDDELBERG, TOSWILL, GRAY, AVERY, AND WILLIAMS AS TRUSTEES OF CENTRAL HAWKES BAY CONSUMERS POWER TRUST v [2022] NZHC 1996

SETTER, PEACOCK, MIDDELBERG, TOSWILL, GRAY, AVERY, AND WILLIAMS AS TRUSTEES OF CENTRAL HAWKES BAY CONSUMERS POWER TRUST v [2022] NZHC 1996

The Court corrected the drafting slip because the proceeding was uncontentious, beneficiaries were represented and supported the correction, there was no opposition, and correction did not require further evidence; therefore the slip rule authorised amending sch 1 cl 2.18(c) to align voting eligibility with the increased number of trustees.

Citation
[2022] NZHC 1996
Parties
Applicants: Alistair James Setter; Patrick Marcus Peacock; Karen Elizabeth Middelberg; Elizabeth Clement Jane Graytoswill; Callum Leicester Gray; Caterine Anne Avery; George Hugh Williams (Trustees of Central Hawkes Bay Consumers Power Trust); Beneficiaries: Beneficiaries of the Central Hawkes Bay Consumers Power Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 August 2022
Procedural Posture
Application to Vary Trust Deed Under the Trusts Act 2019 / Slip Rule Correction Following Authorization Judgment
Outcome
Slip in prior judgments corrected to amend Schedule 1 clause 2.18(c) so eligible voters may vote for not more than seven candidates, thereby confirming the variation of the trust deed.
Legal Topics
Variation of Trust Deed, Slip Rule Correction, Trustees Election, High Court Rules 2016 R 11.10, Trusts Act 2019
Trusts Civil Procedure Variation of Trust Deed Slip Rule Correction Trustees Election High Court Rules 2016 R 11.10 Trusts Act 2019

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Parties

Alistair James Setter; Patrick Marcus Peacock; Karen Elizabeth Middelberg; Elizabeth Clement Jane Graytoswill; Callum Leicester Gray; Caterine Anne Avery; George Hugh Williams (Trustees of Central Hawkes Bay Consumers Power Trust)

Applicants

Beneficiaries of the Central Hawkes Bay Consumers Power Trust

Beneficiaries

Procedural Posture

Application to Vary Trust Deed Under the Trusts Act 2019 / Slip Rule Correction Following Authorization Judgment

Legal Issues

  1. 1 Whether the High Court may correct an accidental omission in an authorised variation of a trust deed under the slip rule
  2. 2 Whether the correction requires further evidence or a contested hearing
  3. 3 Whether the inconsistent voting eligibility clause should be amended to reflect the increased number of trustees

Ratio Decidendi

The Court corrected the drafting slip because the proceeding was uncontentious, beneficiaries were represented and supported the correction, there was no opposition, and correction did not require further evidence; therefore the slip rule authorised amending sch 1 cl 2.18(c) to align voting eligibility with the increased number of trustees.

Court Disposition

Slip in prior judgments corrected to amend Schedule 1 clause 2.18(c) so eligible voters may vote for not more than seven candidates, thereby confirming the variation of the trust deed.

Orders

  • The Court confirms the variation of the trust deed as annexed to the affidavit of Alistair James Setter at AJS-2 with the addition that clause 2.18(c) of Schedule 1 of the Trust Deed be amended to read that 'Eligible voters shall vote for not more than seven (7) candidates'.
  • Leave to apply is reserved.