PETER DANIEL STAITE & ORS v ANDREW MARUTUEHU KUSABS & ORS [2020] NZSC 6 [18 February 2020]

PETER DANIEL STAITE & ORS v ANDREW MARUTUEHU KUSABS & ORS [2020] NZSC 6 [18 February 2020]

Leave to appeal was dismissed because granting leave would require this Court to address factual and discretionary equitable remedies as a court of first instance without the benefit of the Court of Appeal's views and potentially further evidence; practical constraints and interests of justice did not support hearing the matter, although leave to amend the application was granted and leave to seek further leave is reserved if the Court of Appeal is asked to revisit the matter.

Citation
[2020] NZSC 6
Parties
Applicants (trustees of the Whaoa No 1 Lands Trust): PETER DANIEL STAITE; JEANTANIRAU-CARSTON; LYNETTE KATHLEEN PALMER; CHYNELLE PICARD; First Respondents (trustees of the Tumunui Lands Trust): ANDREW MARUTUEHU KUSABS; DONALD MAIRANGI BENNETT; JULIAN KUMEROA KEEPA; WIREMU WAAKA; Second Respondents (retired Trustees of the Tumunui Lands Trust): ANDREW MARUTUEHU KUSABS; DONALD MAIRANGI BENNETT
Court
Supreme Court
Jurisdiction
New Zealand
Judgment Date
18 February 2020
Procedural Posture
Application for Leave to Appeal / Decision on Application for Leave to Appeal (supreme Court)
Outcome
Application for leave to amend granted; application for leave to appeal dismissed (leave reserved as set out in [16]); no order as to costs
Legal Topics
Rectification, Rescission, Equitable Damages, Conflict of Interest, Leave to Appeal, Limitations and Laches
Equity Trusts Fiduciary Duties Māori Land Law Property Law Rectification Rescission Equitable Damages +3 more

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Parties

PETER DANIEL STAITE; JEANTANIRAU-CARSTON; LYNETTE KATHLEEN PALMER; CHYNELLE PICARD

Applicants (trustees of the Whaoa No 1 Lands Trust)

ANDREW MARUTUEHU KUSABS; DONALD MAIRANGI BENNETT; JULIAN KUMEROA KEEPA; WIREMU WAAKA

First Respondents (trustees of the Tumunui Lands Trust)

ANDREW MARUTUEHU KUSABS; DONALD MAIRANGI BENNETT

Second Respondents (retired Trustees of the Tumunui Lands Trust)

Procedural Posture

Application for Leave to Appeal / Decision on Application for Leave to Appeal (supreme Court)

Legal Issues

  1. 1 Whether leave to appeal should be granted to challenge Court of Appeal set aside of rectification order
  2. 2 Whether rectification was available given the factual findings (common intention/mistake)
  3. 3 Whether the fiduciary breach found required rescission or an alternative equitable remedy (eg equitable damages) under Fenwick v Naera

Ratio Decidendi

Leave to appeal was dismissed because granting leave would require this Court to address factual and discretionary equitable remedies as a court of first instance without the benefit of the Court of Appeal's views and potentially further evidence; practical constraints and interests of justice did not support hearing the matter, although leave to amend the application was granted and leave to seek further leave is reserved if the Court of Appeal is asked to revisit the matter.

Court Disposition

Application for leave to amend granted; application for leave to appeal dismissed (leave reserved as set out in [16]); no order as to costs

Orders

  • Application for leave to amend the application for leave to appeal is granted.
  • Application for leave to appeal is dismissed with leave reserved as set out in [16] of the judgment.