GREEN v GREEN [2017] NZHC 1044

GREEN v GREEN [2017] NZHC 1044

The Court approved the settlement and variations of the Hugh Green Trust and Hugh Green Property Trust as being within its jurisdiction under s64A and its supervisory jurisdiction, and authorised trustees to implement the settlement with protection under s69; the Court further directed appointments of trustees under s51 and s66, finding the settlement to be in the best interests of minors, unborn and remoter beneficiaries given consent, the discretionary nature of the trusts, minimal speculative detriment, and the importance of finality and charitable purpose.

Citation
[2017] NZHC 1044
Parties
First Plaintiff / Beneficiary: Moira Ellen Green; Second Plaintiff / Beneficiary: John Patrick Green; Third Plaintiff / Beneficiary: Frances Kathleen Green; Defendant / Trustee: Maryanne Green; Beneficiary / Interested Party: Alice Piper (aka Alice Watson); Interim Trustee / Trustee Applicant: David Harding Randell; Interim Trustee / Trustee Applicant: Christopher Robert Darlow; Settlor / Deceased: Hugh Green (deceased); Beneficiaries: Hugh Green (beneficiary group: Hugh, James, Brianna, Daniel Green); Beneficiary: Bridget Reynolds; Beneficiary: Samuel Reynolds; Beneficiary: Gerard Joseph Buckley Green; Beneficiary: Regan Green; Minor Beneficiary: Jack Green; Minor Beneficiary: Caitlin Green; Minor Beneficiary: Emily Green; Beneficiary: Eamonn Green; Defendant / Trustee (named): Michael John Fisher; Named Executor / Defendant: Robert Narev; Named Trustee (as Presently Named): John James Gosney; Discretionary Beneficiary: Eithne Patricia Murphy
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 May 2017
Procedural Posture
Trust Variation and Probate / Approval of Family Settlement / Application for Court Approval of Settlement, Variation of Trust Deeds, Trustee Appointments and Directions (s64 A, S51, S66)
Outcome
Settlement and trust variations approved; trustees authorised and protected; trustee appointments made; remaining proceedings discontinued; confidentiality order made
Legal Topics
Variation of Trusts, Court Approval on Behalf of Minors and Unborn Beneficiaries (s64 A), Appointment of Trustees (s51), Trustees' Directions (s66), Trustee Protection (s69), Confidentiality Orders
Trust Law Probate Civil Procedure Charity Law Variation of Trusts Court Approval on Behalf of Minors and Unborn Beneficiaries (s64 A) Appointment of Trustees (s51) Trustees' Directions (s66) +2 more

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Parties

Moira Ellen Green

First Plaintiff / Beneficiary

John Patrick Green

Second Plaintiff / Beneficiary

Frances Kathleen Green

Third Plaintiff / Beneficiary

Maryanne Green

Defendant / Trustee

Alice Piper (aka Alice Watson)

Beneficiary / Interested Party

David Harding Randell

Interim Trustee / Trustee Applicant

Christopher Robert Darlow

Interim Trustee / Trustee Applicant

Hugh Green (deceased)

Settlor / Deceased

Hugh Green (beneficiary group: Hugh, James, Brianna, Daniel Green)

Beneficiaries

Bridget Reynolds

Beneficiary

Samuel Reynolds

Beneficiary

Gerard Joseph Buckley Green

Beneficiary

Regan Green

Beneficiary

Jack Green

Minor Beneficiary

Caitlin Green

Minor Beneficiary

Emily Green

Minor Beneficiary

Eamonn Green

Beneficiary

Michael John Fisher

Defendant / Trustee (named)

Robert Narev

Named Executor / Defendant

John James Gosney

Named Trustee (as Presently Named)

Eithne Patricia Murphy

Discretionary Beneficiary

Procedural Posture

Trust Variation and Probate / Approval of Family Settlement / Application for Court Approval of Settlement, Variation of Trust Deeds, Trustee Appointments and Directions (s64 A, S51, S66)

Legal Issues

  1. 1 Whether the Court should approve a family settlement and associated variations of the Hugh Green Trust and the Hugh Green Property Trust on behalf of minors, unborn and unknown beneficiaries under s64A Trustee Act 1956 and inherent jurisdiction
  2. 2 Whether the Court has jurisdiction to direct and protect trustees implementing the settlement and to appoint trustees under s51 and s66 Trustee Act 1956
  3. 3 Whether the settlement causes material detriment to minors/unborn beneficiaries such that approval should be refused

Ratio Decidendi

The Court approved the settlement and variations of the Hugh Green Trust and Hugh Green Property Trust as being within its jurisdiction under s64A and its supervisory jurisdiction, and authorised trustees to implement the settlement with protection under s69; the Court further directed appointments of trustees under s51 and s66, finding the settlement to be in the best interests of minors, unborn and remoter beneficiaries given consent, the discretionary nature of the trusts, minimal speculative detriment, and the importance of finality and charitable purpose.

Court Disposition

Settlement and trust variations approved; trustees authorised and protected; trustee appointments made; remaining proceedings discontinued; confidentiality order made

Orders

  • Mr Darlow, Mr Randell and Maryanne Green are entitled to implement the Settlement Agreement in accordance with its terms and have the protection of the Court under s69 Trustee Act 1956
  • Upon Completion, Maryanne Green, Alice Watson (formerly Piper), any future children adopted by Maryanne Green, and any children of Alice Watson will cease to be beneficiaries of the Hugh Green Trust and the Hugh Green Property Trust pursuant to the Variation Deeds