LU v BECKENRIDGE [2015] NZHC 1551

LU v BECKENRIDGE [2015] NZHC 1551

Given the unusual circumstance of the trustee's disappearance, the Court will, pursuant to s75(2)(f) Public Trust Act 2001 and by analogy to High Court Rules r4.45, appoint Public Trust to represent the missing trustee with entitlement to recover its costs from the trust assets; and substituted service on Henricson by specified email and service on his solicitor is ordered as likely to bring the proceedings to his attention.

Citation
[2015] NZHC 1551
Parties
Plaintiff: Fiona Lu; First Defendant: John Robert Beckenridge; Second Defendant: Ulf Roger Henricson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 July 2015
Procedural Posture
Appointment of Trustee Under Trustee Act 1956 (s51); Ancillary Property (relationships) Act 1976 Claim / Interlocutory: Application for Appointment of Representative and Substituted Service
Outcome
Interlocutory application granted in part
Legal Topics
Appointment of Trustee, Substituted Service, Representation by Public Trust, Service of Proceedings, Recovery of Costs From Trust Assets
Trusts Civil Procedure Family Law Property Law Appointment of Trustee Substituted Service Representation by Public Trust Service of Proceedings +1 more

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Parties

Fiona Lu

Plaintiff

John Robert Beckenridge

First Defendant

Ulf Roger Henricson

Second Defendant

Procedural Posture

Appointment of Trustee Under Trustee Act 1956 (s51); Ancillary Property (relationships) Act 1976 Claim / Interlocutory: Application for Appointment of Representative and Substituted Service

Legal Issues

  1. 1 Whether Public Trust may be appointed by the Court to represent a missing trustee pursuant to s75(2)(f) Public Trust Act 2001
  2. 2 Whether substituted service on the second defendant (Henricson) is appropriate and effective
  3. 3 Whether costs of representation may be recovered from the assets of the Ozprey Trust

Ratio Decidendi

Given the unusual circumstance of the trustee's disappearance, the Court will, pursuant to s75(2)(f) Public Trust Act 2001 and by analogy to High Court Rules r4.45, appoint Public Trust to represent the missing trustee with entitlement to recover its costs from the trust assets; and substituted service on Henricson by specified email and service on his solicitor is ordered as likely to bring the proceedings to his attention.

Court Disposition

Interlocutory application granted in part

Orders

  • Public Trust is appointed to represent in this proceeding John Robert Beckenridge in his capacity as trustee of the Ozprey Trust.
  • Public Trust, in so representing Mr Beckenridge, shall be entitled to recovery of its costs to be paid from the assets of the Ozprey Trust.