MCKEEFRY & ORS as trustees of SCANPOWER CUSTOMER TRUST [2022] NZHC 3102

MCKEEFRY & ORS as trustees of SCANPOWER CUSTOMER TRUST [2022] NZHC 3102

Clause 15 of the Trust Deed authorises court amendment; the existing definition risked including retailers contrary to the Trust's manifest purpose to benefit end‑point consumers and to the separation imposed by the Electricity Industry Reform Act 1998; precedent supports court approval of such an amendment where lawful, made in good faith and not unreasonable; accordingly the Court granted the trustees' application to replace the definition of 'Customer' and 'the Customers' to align with the Trust's original purpose.

Citation
[2022] NZHC 3102
Parties
Applicants: MCKEEFRY & ORS as trustees of SCANPOWER CUSTOMER TRUST (Myles John McKeefry; Taniarowena Bowie; Keith Rowland Cammock; James Edward Crispin; Melanie Poulton); Respondents: Various electricity retailers served
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 November 2022
Procedural Posture
Application to Vary Trust Deed / Originating Application Determined on the Papers
Outcome
Application granted
Legal Topics
Variation of Trust Deed, Beneficiary Class, Construction of Trust Deed, Separation of Electricity Lines and Supply, Court Power to Amend Trust Deeds
Trusts Electricity Industry Regulation Equity Civil Procedure Variation of Trust Deed Beneficiary Class Construction of Trust Deed Separation of Electricity Lines and Supply +1 more

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Parties

MCKEEFRY & ORS as trustees of SCANPOWER CUSTOMER TRUST (Myles John McKeefry; Taniarowena Bowie; Keith Rowland Cammock; James Edward Crispin; Melanie Poulton)

Applicants

Various electricity retailers served

Respondents

Procedural Posture

Application to Vary Trust Deed / Originating Application Determined on the Papers

Legal Issues

  1. 1 Whether the present definition of 'Customers' in clause 1.1 includes retailers rather than end‑point consumers
  2. 2 Whether that definition is inconsistent with the Trust's purpose to benefit end‑point consumers within the geographical area served
  3. 3 Whether the Court has power to amend the Trust Deed under clause 15 and established authority

Ratio Decidendi

Clause 15 of the Trust Deed authorises court amendment; the existing definition risked including retailers contrary to the Trust's manifest purpose to benefit end‑point consumers and to the separation imposed by the Electricity Industry Reform Act 1998; precedent supports court approval of such an amendment where lawful, made in good faith and not unreasonable; accordingly the Court granted the trustees' application to replace the definition of 'Customer' and 'the Customers' to align with the Trust's original purpose.

Court Disposition

Application granted

Orders

  • Order replacing the definition of 'Customer' and 'the Customers' in clause 1.1 of the Scanpower Customer Trust Deed as sought by the trustees to clarify that beneficiaries are end‑point consumers within the geographical area served