HEY v HEY [2020] NZHC 365

HEY v HEY [2020] NZHC 365

The Court ordered targeted service to ensure all interested parties can be heard before determining the substantive declaration: serve the named defendant and the co‑trustee, and serve the adult children of the defendant; designate Abbey Jacinda Hey to represent the minor beneficiary Max Sean Hey (with provision for further directions if she cannot), and decline to require service on any unknown trusts or superannuation schemes alleged in the beneficiary class.

Citation
[2020] NZHC 365
Parties
Plaintiff / Applicant: Dorothy Catherine Louise Hey; Defendant / Respondent: Alistair William Hey; Co‑trustee: Christopher Hey; Adult Beneficiary and Proposed Representative for Minor Beneficiary: Abbey Jacinda Hey; Minor Beneficiary: Max Sean Hey
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 March 2020
Procedural Posture
Declaratory Judgment Concerning Trust Appointment / Directions as to Service (on the Papers)
Outcome
Court delivered directions as to service; substantive declaration reserved pending service and further steps.
Legal Topics
Appointment of Appointor, Service on Beneficiaries, Representation of Minors, Declaratory Relief
Trusts Civil Procedure Family/beneficiary Representation Appointment of Appointor Service on Beneficiaries Representation of Minors Declaratory Relief

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dorothy Catherine Louise Hey

Plaintiff / Applicant

Alistair William Hey

Defendant / Respondent

Christopher Hey

Co‑trustee

Abbey Jacinda Hey

Adult Beneficiary and Proposed Representative for Minor Beneficiary

Max Sean Hey

Minor Beneficiary

Procedural Posture

Declaratory Judgment Concerning Trust Appointment / Directions as to Service (on the Papers)

Legal Issues

  1. 1 Whether the plaintiff is the sole appointor of the BMA & DCL Hey Family Trust
  2. 2 Which beneficiaries or potential beneficiaries must be served with proceedings seeking a declaration
  3. 3 How the interests of a minor beneficiary should be protected in service and representation

Ratio Decidendi

The Court ordered targeted service to ensure all interested parties can be heard before determining the substantive declaration: serve the named defendant and the co‑trustee, and serve the adult children of the defendant; designate Abbey Jacinda Hey to represent the minor beneficiary Max Sean Hey (with provision for further directions if she cannot), and decline to require service on any unknown trusts or superannuation schemes alleged in the beneficiary class.

Court Disposition

Court delivered directions as to service; substantive declaration reserved pending service and further steps.

Orders

  • Service on defendant Alistair William Hey
  • Service on co‑trustee Christopher Hey