HOLLAND, v HOLLAND [2017] NZHC 1037

HOLLAND, v HOLLAND [2017] NZHC 1037

The court refused to order a transfer of legal title (no identified legal principle requiring such transfer) but declared the equitable interests under Thomas' will because the trustee had not exercised her selection; it then ordered sale of the property under s339 PLA and directed distribution of proceeds according to the combined legal and declared equitable interests (each plaintiff 4/15, Gene 3/15, Mihi's children allocated to plaintiffs), with costs to plaintiffs on a 2B basis and procedural directions for sale.

Citation
[2017] NZHC 1037
Parties
Plaintiff: David Holland; Plaintiff: Charles Holland; Plaintiff: Tui Patricia Holland; First Defendant: Gene Mangu Holland; Second Defendant (administrator and Trustee for the Estate of Ngahuia Betty Holland): Gene Mangu Holland; Interested Parties: Shane Livingstone and Dean Livingstone
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 May 2017
Procedural Posture
Property Law Act 2007 Application (co Ownership and Trust) / Judgment (formal Proof Hearing)
Outcome
Declaration of equitable interests in Thomas' one-sixth share; order for sale of 4 Couch Street under s339 Property Law Act 2007; proceeds to be divided with each plaintiff receiving 4/15, Gene 3/15; plaintiffs awarded costs on a 2B basis.
Legal Topics
Sale of Co Owned Property Under S339 PLA, Declaration of Equitable Interests Under a Will, Alleged Breach of Trustee Duties, Distribution of Proceeds, Costs
Property Law Trusts and Estate Administration Civil Procedure Equity Sale of Co Owned Property Under S339 PLA Declaration of Equitable Interests Under a Will Alleged Breach of Trustee Duties Distribution of Proceeds +1 more

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Parties

David Holland

Plaintiff

Charles Holland

Plaintiff

Tui Patricia Holland

Plaintiff

Gene Mangu Holland

First Defendant

Gene Mangu Holland

Second Defendant (administrator and Trustee for the Estate of Ngahuia Betty Holland)

Shane Livingstone and Dean Livingstone

Interested Parties

Procedural Posture

Property Law Act 2007 Application (co Ownership and Trust) / Judgment (formal Proof Hearing)

Legal Issues

  1. 1 Whether the first defendant breached trustee duties by refusing to transfer legal title to beneficiaries of Thomas' will
  2. 2 How Thomas' will operates to create equitable interests when the trustee fails to make a selection
  3. 3 Whether the court should order sale of the co-owned property under s339 PLA and on what terms

Ratio Decidendi

The court refused to order a transfer of legal title (no identified legal principle requiring such transfer) but declared the equitable interests under Thomas' will because the trustee had not exercised her selection; it then ordered sale of the property under s339 PLA and directed distribution of proceeds according to the combined legal and declared equitable interests (each plaintiff 4/15, Gene 3/15, Mihi's children allocated to plaintiffs), with costs to plaintiffs on a 2B basis and procedural directions for sale.

Court Disposition

Declaration of equitable interests in Thomas' one-sixth share; order for sale of 4 Couch Street under s339 Property Law Act 2007; proceeds to be divided with each plaintiff receiving 4/15, Gene 3/15; plaintiffs awarded costs on a 2B basis.

Orders

  • Declaration that equitable interests in Thomas' one-sixth share are: one-fifth to each of the three plaintiffs, one-fifth to Gene, and one-fifth to be shared between Mihi's children Shane and Dean
  • Order under s339 PLA that the property at 4 Couch Street, Ngaruawahia (Lot 8 DP 6259, SA1792/27) be sold