EDEN REFUGE TRUST and ORS v HOHEPA and ANOR HC AK CIV-2003-404-000539

EDEN REFUGE TRUST and ORS v HOHEPA and ANOR HC AK CIV-2003-404-000539

The trust is entitled to recover $253,445.21 jointly and severally from the first and second defendants as equitable monetary relief for breach of trust and fiduciary duty; interest is payable from the dates of the wrongful drawings with simple interest payable on the principal against both defendants, compound interest awarded against the first defendant on the principal and against the second defendant on the specific sums he personally profited from ($13,911.94 and $52,491.78); exemplary damages of $10,000 awarded against the first defendant; costs and disbursements awarded as detailed (third plaintiff costs category 2B from 8 August 2008; fourth plaintiff costs $17,348.07); pre-8...

Citation
openlaw-c1ae429f_15cc_441e_8890_26b3b332cb24.pdf
Parties
First Plaintiff: Eden Refuge Trust; Second Plaintiff: Joanne Lydia Maletino; Third Plaintiff: Callum MacDonald; Fourth Plaintiff: Attorney-General; First Defendant: Charles Hohepa; Second Defendant: Charles Fletcher
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 June 2011
Procedural Posture
Civil: Equitable Claims (breach of Trust and Fiduciary Duty) / Judgment on Quantification of Remedies and Costs (post Liability)
Outcome
Judgment for third and fourth plaintiffs quantifying equitable remedies and awarding interest, exemplary damages and costs as ordered
Legal Topics
Breach of Trust, Breach of Fiduciary Duty, Knowing Receipt, Dishonest Assistance, Monetary Relief in Equity, Compound Interest, Exemplary Damages, Costs and Disbursements
Equity Trusts Fiduciary Law Civil Procedure Professional Misconduct (solicitor) Breach of Trust Breach of Fiduciary Duty Knowing Receipt +5 more

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 5 Authorities cited 15 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Eden Refuge Trust

First Plaintiff

Joanne Lydia Maletino

Second Plaintiff

Callum MacDonald

Third Plaintiff

Attorney-General

Fourth Plaintiff

Charles Hohepa

First Defendant

Charles Fletcher

Second Defendant

Procedural Posture

Civil: Equitable Claims (breach of Trust and Fiduciary Duty) / Judgment on Quantification of Remedies and Costs (post Liability)

Legal Issues

  1. 1 quantification of equitable monetary relief for breach of trust and fiduciary duty
  2. 2 availability and scope of compound interest in equity
  3. 3 whether disgorgement or compensatory/restorative measures apply

Ratio Decidendi

The trust is entitled to recover $253,445.21 jointly and severally from the first and second defendants as equitable monetary relief for breach of trust and fiduciary duty; interest is payable from the dates of the wrongful drawings with simple interest payable on the principal against both defendants, compound interest awarded against the first defendant on the principal and against the second defendant on the specific sums he personally profited from ($13,911.94 and $52,491.78); exemplary damages of $10,000 awarded against the first defendant; costs and disbursements awarded as detailed (third plaintiff costs category 2B from 8 August 2008; fourth plaintiff costs $17,348.07); pre-8...

Court Disposition

Judgment for third and fourth plaintiffs quantifying equitable remedies and awarding interest, exemplary damages and costs as ordered

Orders

  • Each defendant jointly and severally liable to third plaintiff (trust) for $253,445.21
  • Simple interest payable on the principal $253,445.21 from the date each wrongful drawing occurred to 8 June 2011 (dates identified in judgment) at the Judicature Act s87 rates applicable (7.5% up to 1 July 2008, 8.4% thereafter)