RE THE NEW ZEALAND MEDICAL EDUCATION TRUST EX PARTE PERPETUAL TRUST LTD [2022] NZHC 1255
Because the objector elected not to participate, provided no particulars or evidence, and had ample opportunity to be heard, nothing altered the conclusions of the recalled judgment; the Court reissued the judgment approving the scheme subject to the previously identified modification.
Source-derived case information.
- Citation
- [2022] NZHC 1255
- Parties
- Applicant: Perpetual Trust Limited as trustee of The New Zealand Medical Education Trust; Objector: G W C McNab
- Court
- High Court
- Jurisdiction
- New Zealand
- Judgment Date
- 31 May 2022
- Procedural Posture
- Application for Approval of Charitable Trust Scheme (charitable Trusts Act 1957) / Determination on the Papers; Judgment Reissued After Recall
- Outcome
- Recalled judgment reissued; applicant's scheme approved subject to identified modification.
- Legal Topics
- Charitable Trust Scheme Approval, Recall and Reissue of Judgment, Service and Notice for Virtual Hearings, Right to Be Heard
Source-derived case record
Summary, issues, holding and outcome
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Parties
Perpetual Trust Limited as trustee of The New Zealand Medical Education Trust
Applicant
G W C McNab
Objector
Procedural Posture
Application for Approval of Charitable Trust Scheme (charitable Trusts Act 1957) / Determination on the Papers; Judgment Reissued After Recall
Legal Issues
- 1 Whether to approve variation of trustees' powers and mode of administration of The New Zealand Medical Education Trust
- 2 Whether the objector's failure to provide particulars, file evidence or appear affects approval
- 3 Whether to reissue the recalled judgment following procedural irregularity in notification
Ratio Decidendi
Because the objector elected not to participate, provided no particulars or evidence, and had ample opportunity to be heard, nothing altered the conclusions of the recalled judgment; the Court reissued the judgment approving the scheme subject to the previously identified modification.
Court Disposition
Recalled judgment reissued; applicant's scheme approved subject to identified modification.
Orders
- Recalled Judgment dated 12 May 2022 is reissued to speak from 31 May 2022.
- Approval granted for the scheme to vary the powers of the trustees and mode of administration of The New Zealand Medical Education Trust, subject to the modification identified in the recalled Judgment.
Full Case Text
Judgment text and source record
1 paragraphs
RE THE NEW ZEALAND MEDICAL EDUCATION TRUST EX PARTE PERPETUAL TRUST LTD [2022] NZHC 1255 [31 May 2022]IN THE HIGH COURT OF NEW ZEALANDDUNEDIN REGISTRYI TE KŌTI MATUA O AOTEAROAŌTEPOTI ROHECIV-2021-412-117[2022] NZHC 1255UNDER the Charitable Trusts Act 1957IN THE MATTER of an application for approval of a charitable trust scheme for The New Zealand Medical Education TrustEX PARTE PERPETUAL TRUST LIMITED as trustee of The New Zealand Medical Education TrustApplicantAppearances: J Cowan for Applicant G W C McNab (Objector) in personJudgment: 31 May 2022(Determined on the papers)JUDGMENT OF OSBORNE JThis judgment was delivered by me on 31 May 2022 at 4.15 pm pursuant to Rule 11.5of the High Court RulesRegistrar/Deputy RegistrarDate:[1] On 12 May 2022, this Court issued a judgment approving the applicant's scheme for variation of the powers of the trustees and the mode of administration of The New Zealand Medical Education Trust, subject to an identified modification (the recalled Judgment).1The recall[2] One person, Gordon McNab, had given written notice of his intention to oppose the scheme.2 Beyond the simple notice of objection, Mr McNab did not provide any detail of grounds of objection. He did not file any evidence. He did not appear at the scheduled hearing on 11 May 2022.[3] It transpired that an email notification forwarded by the Deputy Registrar ahead of the hearing, in relation to VMR arrangements for the hearing, was directed to an email address other than that used by Mr McNab in his notice of objection. Following the issue of the (now) recalled Judgment, Mr NcNab wrote to the Deputy Registrar by email. He indicated that he had not received the details concerning the connection for the hearing via VMR and that he had been hospitalised on 11 May 2022, remaining in hospital seriously ill as at 17 May 2022.[4] In these circumstances, I issued a Minute on 27 May 2022 recalling the (now) recalled Judgment.[5] I allocated a hearing (by VMR) at 10.00 am, 2 June 2022.[6] I directed that Mr McNab file and serve by 31 May 2022 a memorandum setting out his particular grounds of objection.Mr McNab's response[7] On 30 May 2022, Mr McNab sent an email to the Deputy Registrar. He stated:I am not going to be joining the broken proceedings which you are vainly timetabling for hearing this coming week — but I would find no other date in this piece of unacceptable over-reaching either proper or satisfactory to me.1 Re The New Zealand Medical Education Trust ex parte Perpetual Trust Ltd [2022] NZHC 996.2 Pursuant to s 37 Charitable Trusts Act 1957.I will, as would be expected, apply to set aside on Mr Justice Osborne as High Court Rule 10.9 of the High Court Rules provides. Also, this proceeding needs to be removed from the High Court at Dunedin to the High Court at Wellington for obvious reasons, and as soon as possible.Determination[8] In the circumstances, it is clear that Mr McNab elects not to avail himself of the opportunity to participate at the hearing.[9] In these circumstances there is nothing that would alter the conclusions previously reached in the recalled Judgment.[10] The recalled Judgment (dated 12 May 2022) is now to be reissued. The Judgment will accordingly speak from today's date.Osborne JSolicitors:Anderson Lloyd, DunedinCopy to: Virginia Hardie, Deputy Solicitor-GeneralG W C McNab