GOUGH V RAM CUSTODIAN LTD & ORS HC AK CIV-2011-404-006645

GOUGH V RAM CUSTODIAN LTD & ORS HC AK CIV-2011-404-006645

The judge recalled the earlier judgment because he had not considered arguments about trustee appointment other than by deed; justice required recall to permit full consideration of those issues; the judge ordered a further hearing and case management directions while preserving the original construction conclusions and factual findings for the record.

Citation
openlaw-1ce2fbd4_2334_4cd1_9c5d_2486afa15499.pdf
Parties
Plaintiff: H D Gough; First Defendant: Ram Custodian Limited; First Defendant: J R Strahl; First Defendant: B W M Tothill; Second Defendant: R W Raymond; Second Defendant: D A H Brown; Second Defendant: B W M Tothill; Third Defendant: R W Raymond; Third Defendant: D A H Brown; Third Defendant: B W M Tothill
Court
High Court
Jurisdiction
New Zealand
Judgment Date
6 November 2012
Procedural Posture
Civil Trusts/declarations / Application to Recall Judgment (post Judgment)
Outcome
Judgment of 30 August 2012 recalled in part; further hearing ordered; proceedings consolidated for case management.
Legal Topics
Recall of Judgment, Deed of Variation, Trustee Appointment, Construction of Trust Instrument, Equitable Maxims
Trusts Equity Civil Procedure Recall of Judgment Deed of Variation Trustee Appointment Construction of Trust Instrument Equitable Maxims

Case Brief

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Parties

H D Gough

Plaintiff

Ram Custodian Limited

First Defendant

J R Strahl

First Defendant

B W M Tothill

First Defendant

R W Raymond

Second Defendant

D A H Brown

Second Defendant

B W M Tothill

Second Defendant

R W Raymond

Third Defendant

D A H Brown

Third Defendant

B W M Tothill

Third Defendant

Procedural Posture

Civil Trusts/declarations / Application to Recall Judgment (post Judgment)

Legal Issues

  1. 1 Whether the earlier judgment should be recalled under High Court Rules r 11.9
  2. 2 Whether trustee appointments could be validly effected other than by a deed (trust powers or equitable maxims analysis)
  3. 3 Construction of the 1987 Deed of Variation governing trustee appointments

Ratio Decidendi

The judge recalled the earlier judgment because he had not considered arguments about trustee appointment other than by deed; justice required recall to permit full consideration of those issues; the judge ordered a further hearing and case management directions while preserving the original construction conclusions and factual findings for the record.

Court Disposition

Judgment of 30 August 2012 recalled in part; further hearing ordered; proceedings consolidated for case management.

Orders

  • Judgment recalled under High Court Rules r 11.9
  • Proceedings CIV-2011-404-006645 and CIV-2012-404-3798 consolidated