Harrison v Harrison [2015] NZHC 2561
Because the Official Assignee disclaimed the first defendant's interests in the Valerie Geard Trust and the Valerie Geard Waiheke Trust and all parties including the Official Assignee consented, the Court exercised its power under s 119(2) of the Insolvency Act 2006 to vest those interests in the first defendant.
Source-derived case information.
- Citation
- [2015] NZHC 2561
- Parties
- Plaintiffs: Graeme Ross Harrison and Adrienne Harrison; First Defendant: Pauline Janice Harrison; Second Defendant: Angela Janice Harrison; Third Defendant: ChildFund New Zealand Limited
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 19 October 2015
- Procedural Posture
- Determination of Question Arising in Administration of a Trust / Without‑notice Application Under S 119(2) Insolvency Act 2006; Oral Judgment Following Hearing 19 October 2015
- Outcome
- Orders made pursuant to s 119(2) Insolvency Act 2006 vesting the first defendant's interests in the Valerie Geard Trust and the Valerie Geard Waiheke Trust in the first defendant.
- Legal Topics
- Vesting of Beneficial Interests, Disclaimer by Official Assignee, High Court Rules R 18.1, S 119(2) Insolvency Act 2006
Source-derived case record
Summary, issues, holding and outcome
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Parties
Graeme Ross Harrison and Adrienne Harrison
Plaintiffs
Pauline Janice Harrison
First Defendant
Angela Janice Harrison
Second Defendant
ChildFund New Zealand Limited
Third Defendant
Procedural Posture
Determination of Question Arising in Administration of a Trust / Without‑notice Application Under S 119(2) Insolvency Act 2006; Oral Judgment Following Hearing 19 October 2015
Legal Issues
- 1 Whether interests disclaimed by the Official Assignee should vest in the bankrupt first defendant under s 119(2) Insolvency Act 2006
- 2 Whether the Court should make vesting orders without notice given the Official Assignee's disclaimer
Ratio Decidendi
Because the Official Assignee disclaimed the first defendant's interests in the Valerie Geard Trust and the Valerie Geard Waiheke Trust and all parties including the Official Assignee consented, the Court exercised its power under s 119(2) of the Insolvency Act 2006 to vest those interests in the first defendant.
Court Disposition
Orders made pursuant to s 119(2) Insolvency Act 2006 vesting the first defendant's interests in the Valerie Geard Trust and the Valerie Geard Waiheke Trust in the first defendant.
Orders
- Pursuant to s 119(2) Insolvency Act 2006 the interests of Pauline Janice Harrison in the Valerie Geard Trust (dated 18 October 2005) and the Valerie Geard Waiheke Trust (dated 8 February 2010) vest in Pauline Janice Harrison.
Full Case Text
Judgment text and source record
1 paragraphs
Harrison v Harrison [2015] NZHC 2561 [19 October 2015]IN THE HIGH COURT OF NEW ZEALANDAUCKLAND REGISTRYCIV-2014-404-1442[2015] NZHC 2561IN THE MATTER of the Valerie Geard Waiheke TrustIN THE MATTER of the determination of a question arisingin the administration of a trust, thedetermination of which is necessary ordesirable to protect the trustees underr 18.1(a)(ix) High Court RulesBETWEEN GRAEME ROSS HARRISONand ADRIENNE HARRISONPlaintiffsAND PAULINE JANICE HARRISONFirst DefendantANGELA JANICE HARRISONSecond DefendantCHILDFUND NEW ZEALANDLIMITEDThird DefendantHearing: 19 October 2015Counsel:Appearances:RO Parmenter for plaintiffsG Slevin for Official AssigneeRA Rose for third defendantPJ Harrison and AJ Harrison, first and second defendants, inpersonJudgment: 19 October 2015(ORAL) JUDGMENT OF FAIRE J[1] A without notice application was filed by the first defendant on 12 October 2015. The substance of that application is that orders are sought pursuant to s 119(2) of the Insolvency Act 2006.[2] The application is necessary because the first defendant was adjudicated bankrupt on 24 February 2015. The Official Assignee had, on 12 August 2015, disclaimed all rights in the proceeding which I am now called upon to determine.[3] The effect of the disclaimer, however, goes further than simply disclaiming an interest in the proceeding. It effectively disclaims an interest in two trusts – being the Valerie Geard Trust, dated 18 October 2005, and the Valerie Geard Waiheke Trust, dated 8 February 2010.[4] I directed that a copy of the application be sent to counsel, including counsel for the Official Assignee. All counsel, including counsel for the Official Assignee and the first and second defendants, consent to the orders that are sought by the first defendant. Accordingly, I make orders pursuant to s 119(2) of the Insolvency Act 2006 that the interests of the first defendant in the trusts known as the Valerie Geard Trust and the Valerie Geard Waiheke Trust of the first defendant vest in her.____________________JA Faire JSolicitors: Birdsey & Associates, AucklandNew Zealand Insolvency and Trustees, ChristchurchBell Gully, AucklandCopies to: PJ HarrisonAJ Harrison