JOHN READY v THE CHRISTIAN CHURCH COMMUNITY TRUST (Gloriavale) [2020] NZHC 2638

JOHN READY v THE CHRISTIAN CHURCH COMMUNITY TRUST (Gloriavale) [2020] NZHC 2638

The Court directed ordinary service on all defendants and that the proceedings be served on the Attorney‑General pursuant to s 60(2) Charitable Trusts Act 1957; it appointed nominated counsel from Wynn Williams to represent potential beneficiary groups on an interim basis; it approved specified notice and publication measures to bring the proceedings to members' attention; it directed affidavit no 2 (identifying alleged victims) not be served or searched until further order; and reserved further directions and contested issues (including payment of counsel) for hearing on notice.

Citation
[2020] NZHC 2638
Parties
Plaintiff: John Ready; First Defendant (charitable Trust): The Christian Church Community Trust (commonly known as Gloriavale); Second Defendants (trustees and Independent Trustees): Fervent Stedfast; Enoch Upright; Samuel Valor; Joshua Disciple; Colin Neil Smith; David McMillian; David Smith; Third Defendants (trustees of the Gloriavale Members Trust): Howard Temple; Fervent Stedfast; Enoch Upright; Samuel Valor; Faithful Pilgrim; Noah Hopeful; Stephen Standfast; Fourth Defendant: Christian Partners Nominee Limited; Fifth Defendants (directors/shareholders of Fourth Defendant): Faithful Pilgrim; Peter John Righteous; Stephen Standfast
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 October 2020
Procedural Posture
Proceeding Seeking Replacement of Trustees and Directions Under the Charitable Trusts Act 1957 / Interlocutory Application for Directions Determined on the Papers; Interim Issues Reserved and Further On‑notice Applications Anticipated
Outcome
Interim procedural directions granted; further on‑notice determination required for contested interim relief
Legal Topics
Appointment of Trustees, Service and Notice to Beneficiaries, Representation of Beneficiaries, Interim Trustee Appointment, Suppression of Affidavit Identities, Charitable Trusts Act S 60
Charity Law Trusts Civil Procedure Equity Appointment of Trustees Service and Notice to Beneficiaries Representation of Beneficiaries Interim Trustee Appointment +2 more

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Parties

John Ready

Plaintiff

The Christian Church Community Trust (commonly known as Gloriavale)

First Defendant (charitable Trust)

Fervent Stedfast; Enoch Upright; Samuel Valor; Joshua Disciple; Colin Neil Smith; David McMillian; David Smith

Second Defendants (trustees and Independent Trustees)

Howard Temple; Fervent Stedfast; Enoch Upright; Samuel Valor; Faithful Pilgrim; Noah Hopeful; Stephen Standfast

Third Defendants (trustees of the Gloriavale Members Trust)

Christian Partners Nominee Limited

Fourth Defendant

Faithful Pilgrim; Peter John Righteous; Stephen Standfast

Fifth Defendants (directors/shareholders of Fourth Defendant)

Procedural Posture

Proceeding Seeking Replacement of Trustees and Directions Under the Charitable Trusts Act 1957 / Interlocutory Application for Directions Determined on the Papers; Interim Issues Reserved and Further On‑notice Applications Anticipated

Legal Issues

  1. 1 Whether proceedings concerning administration of a charitable trust require service on the Attorney‑General under s 60(2) Charitable Trusts Act 1957
  2. 2 How beneficiaries should be notified and represented in trust litigation
  3. 3 Whether the Public Trust should be served and considered for interim appointment

Ratio Decidendi

The Court directed ordinary service on all defendants and that the proceedings be served on the Attorney‑General pursuant to s 60(2) Charitable Trusts Act 1957; it appointed nominated counsel from Wynn Williams to represent potential beneficiary groups on an interim basis; it approved specified notice and publication measures to bring the proceedings to members' attention; it directed affidavit no 2 (identifying alleged victims) not be served or searched until further order; and reserved further directions and contested issues (including payment of counsel) for hearing on notice.

Court Disposition

Interim procedural directions granted; further on‑notice determination required for contested interim relief

Orders

  • Service on all defendants to be effected in the ordinary way
  • Proceedings to be served on the Attorney‑General pursuant to s 60(2) Charitable Trusts Act 1957