RE MERONA TRUSTEES LIMITED (M & R COOPER NO.2 TRUST) [2021] NZHC 2095

RE MERONA TRUSTEES LIMITED (M & R COOPER NO.2 TRUST) [2021] NZHC 2095

The court ordered service on the named adult beneficiaries and potential beneficiaries who are undoubtedly affected because they must be given notice and an opportunity to be heard; the court exercised its discretion to dispense with service on the children of Lillian, Miffy and Raymond because their interests are likely aligned with their parents and on Wendy because as a life interest beneficiary with no entitlement to capital and no residency in trust property her interests are unlikely to be affected.

Citation
[2021] NZHC 2095
Parties
Applicant/trustee: Merona Trustees Limited; Applicant/trustee: Hamish Patrick Bennett; Settlor (deceased): Mervyn Nathaniel Cooper; Settlor (deceased): Sylvia Rona Lorraine Cooper; Beneficiary: Lillian Jessica Cooper; Beneficiary: Miffy Amanda Dasilva; Beneficiary (deceased): Robert William Cooper; Potential Beneficiary: Raymond Alan Moody; Life Interest Beneficiary: Wendy Elizabeth Halliday; Potential Beneficiary/spouse: Suzanne (Robert's wife); Potential Beneficiaries (class): Children of Robert
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 August 2021
Procedural Posture
Trusts Act S133 Application / Application for Directions as to Service (on the Papers)
Outcome
Application for directions as to service granted in part; orders made for service on specified beneficiaries and dispensation of service for certain others; costs reserved.
Legal Topics
Interpretation of Trust Deed, Service of Proceedings, Beneficiary Entitlement
Trusts Law Civil Procedure Interpretation of Trust Deed Service of Proceedings Beneficiary Entitlement

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Parties

Merona Trustees Limited

Applicant/trustee

Hamish Patrick Bennett

Applicant/trustee

Mervyn Nathaniel Cooper

Settlor (deceased)

Sylvia Rona Lorraine Cooper

Settlor (deceased)

Lillian Jessica Cooper

Beneficiary

Miffy Amanda Dasilva

Beneficiary

Robert William Cooper

Beneficiary (deceased)

Raymond Alan Moody

Potential Beneficiary

Wendy Elizabeth Halliday

Life Interest Beneficiary

Suzanne (Robert's wife)

Potential Beneficiary/spouse

Children of Robert

Potential Beneficiaries (class)

Procedural Posture

Trusts Act S133 Application / Application for Directions as to Service (on the Papers)

Legal Issues

  1. 1 Whether phrase 'any of the children of the Settlors' means children of both settlors jointly or of either settlor individually
  2. 2 Which beneficiaries must be served with the application and whether service may be dispensed with for others

Ratio Decidendi

The court ordered service on the named adult beneficiaries and potential beneficiaries who are undoubtedly affected because they must be given notice and an opportunity to be heard; the court exercised its discretion to dispense with service on the children of Lillian, Miffy and Raymond because their interests are likely aligned with their parents and on Wendy because as a life interest beneficiary with no entitlement to capital and no residency in trust property her interests are unlikely to be affected.

Court Disposition

Application for directions as to service granted in part; orders made for service on specified beneficiaries and dispensation of service for certain others; costs reserved.

Orders

  • Proceeding to be served on Lillian Jessica Cooper
  • Proceeding to be served on Miffy Amanda Dasilva