ERWOOD V MAXTED AND ANOR HC NEL CIV 2003 442 363

ERWOOD V MAXTED AND ANOR HC NEL CIV 2003 442 363

The court held the 3 December 1979 letter was precatory and did not create a binding trust; any alleged trust was conditional on payment of reasonable costs which the plaintiff did not satisfy; Edward acquired title without notice of any binding trust and the 1983 transfer and 1989 agreement did not grant the plaintiff a lifelong right of occupation enforceable against the defendants; accordingly the plaintiff's claims failed and judgment entered for the defendants.

Citation
openlaw-ec99d83c_7fc4_4c7b_b35b_ce6a189ab3f0.pdf
Parties
Plaintiff: Robert Erwood; First Defendant: Janet Maxted; Second Defendant (trustee): Janet Maxted; Second Defendant (trustee): Alexander James Jeremy Glasgow
Court
High Court
Jurisdiction
New Zealand
Judgment Date
26 May 2006
Procedural Posture
Civil Dispute Concerning Trusts and Property (occupational Entitlement) / Judgment Following Trial Hearing (trial Held in Plaintiff's Absence)
Outcome
Judgment for the first and second defendants; plaintiff's claims dismissed
Legal Topics
Declaration of Trust, Precatory Words and Certainty of Intention, Undue Influence, Notice to Purchasers, Enforcement of Post Death Arrangements, Adjournment and Costs
Trusts Property Law Succession Equity Civil Procedure Declaration of Trust Precatory Words and Certainty of Intention Undue Influence +3 more

Case Brief

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Parties

Robert Erwood

Plaintiff

Janet Maxted

First Defendant

Janet Maxted

Second Defendant (trustee)

Alexander James Jeremy Glasgow

Second Defendant (trustee)

Procedural Posture

Civil Dispute Concerning Trusts and Property (occupational Entitlement) / Judgment Following Trial Hearing (trial Held in Plaintiff's Absence)

Legal Issues

  1. 1 Whether the 3 December 1979 letter created a binding trust in favour of the plaintiff to occupy the family home for life
  2. 2 Whether subsequent 1983 transfers and the 19 June 1989 agreement bound successors or defeated any earlier trust
  3. 3 Whether the plaintiff satisfied the conditional obligation to pay reasonable costs for occupation

Ratio Decidendi

The court held the 3 December 1979 letter was precatory and did not create a binding trust; any alleged trust was conditional on payment of reasonable costs which the plaintiff did not satisfy; Edward acquired title without notice of any binding trust and the 1983 transfer and 1989 agreement did not grant the plaintiff a lifelong right of occupation enforceable against the defendants; accordingly the plaintiff's claims failed and judgment entered for the defendants.

Court Disposition

Judgment for the first and second defendants; plaintiff's claims dismissed

Orders

  • Judgment for the first and second defendants against the plaintiff and dismissal of the plaintiff's claims
  • First defendant free to deal with the property at 190 Waimea Road free of any obligation to the plaintiff