A, B AND C v D AND E LIMITED AS TRUSTEES OF THE Z TRUST [2022] NZSC 151
Leave to appeal was granted because the issues raised were sufficiently complex and novel to warrant Supreme Court consideration; the Court confirmed and continued a non‑publication order to protect identifying particulars and directed the Registrar to appoint counsel to assist given the complexity and novelty of...
Source-derived case information.
- Citation
- [2022] NZSC 151
- Parties
- Applicant: A, B and C; Respondent: D and E Limited as Trustees of the Z Trust
- Court
- Supreme Court
- Jurisdiction
- New Zealand
- Judgment Date
- 20 December 2022
- Procedural Posture
- Civil Appeal / Leave to Appeal Granted; Interlocutory Orders Made
- Outcome
- Leave to appeal granted; approved question framed; non‑publication order made and continued; registrar directed to appoint counsel to assist; timetable for submissions ordered.
- Legal Topics
- Leave to Appeal, Suppression/non‑publication Order, Appointment of Counsel to Assist, Court of Appeal Review
Source-derived case record
Summary, issues, holding and outcome
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Parties
A, B and C
Applicant
D and E Limited as Trustees of the Z Trust
Respondent
Procedural Posture
Civil Appeal / Leave to Appeal Granted; Interlocutory Orders Made
Legal Issues
- 1 Whether the Court of Appeal was correct to allow the appeal
- 2 Whether a non‑publication order prohibiting publication of names, addresses or identifying particulars should be made and maintained
- 3 Whether counsel should be appointed to assist the Court given the complexity and novelty of issues
Ratio Decidendi
Leave to appeal was granted because the issues raised were sufficiently complex and novel to warrant Supreme Court consideration; the Court confirmed and continued a non‑publication order to protect identifying particulars and directed the Registrar to appoint counsel to assist given the complexity and novelty of the issues.
Court Disposition
Leave to appeal granted; approved question framed; non‑publication order made and continued; registrar directed to appoint counsel to assist; timetable for submissions ordered.
Orders
- Leave to appeal is granted (D and E Ltd as Trustees of the Z Trust v A, B and C [2022] NZCA 430).
- The approved question is whether the Court of Appeal was correct to allow the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
A, B AND C v D AND E LIMITED AS TRUSTEES OF THE Z TRUST [2022] NZSC 151 [20 December 2022]ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES ORIDENTIFYING PARTICULARS OF ANY PERSONS OR ENTITIESCONNECTED TO THIS PROCEEDING.NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF NAMES,ADDRESS OR IDENTIFYING PARTICULARS OF APPLICANTS ANDRESPONDENTS REMAINS IN FORCE.IN THE SUPREME COURT OF NEW ZEALANDI TE KŌTI MANA NUI O AOTEAROASC 106/2022[2022] NZSC 151BETWEEN A, B AND CApplicantsAND D AND E LIMITED AS TRUSTEES OFTHE Z TRUSTRespondentCourt: Glazebrook, O'Regan and Ellen France JJCounsel: D A T Chambers KC and J L Beverwijk for ApplicantsM J Wenley for RespondentJudgment: 20 December 2022JUDGMENT OF THE COURTA Leave to appeal is granted (D and E Ltd as Trustees of theZ Trust v A, B and C [2022] NZCA 430).B The approved question is whether the Court of Appeal wascorrect to allow the appeal.C We make an order prohibiting publication of names,addresses or identifying particulars of any persons orentities connected to this proceeding.____________________________________________________________________REASONS[1] We make an order prohibiting publication of names, addresses or identifyingparticulars of any persons or entities connected to this proceeding, reflecting ordersmade in the Courts below.[2] Given the complexity and novelty of the issues raised by the appeal, theRegistrar is to appoint counsel to assist the Court.[3] Submissions from counsel assisting the Court are to be filed five days after thesubmissions for the parties.Solicitors:Vicki Ammundsen Trust Law Ltd, Auckland for ApplicantsWillis Legal, Napier for Respondent