JL MARTIN AND ORS V RJ BURNSIDE AND ANOR HC NAP CIV 2009-441-230

JL MARTIN AND ORS V RJ BURNSIDE AND ANOR HC NAP CIV 2009-441-230

Plaintiffs demonstrated there was no reasonably arguable defence: the $450,000 dividend fund must be distributed in accordance with the Will as amended by the Deed (less reasonable estate solicitor administration costs), and the Thistle Paddock and associated water easement must be transferred/created for the transferees; the first defendant's demand for an indemnity/release protecting his separate role as director was improper and did not justify withholding distributions or refusal of summary judgment.

Citation
openlaw-170bd71e_a77d_486f_8941_11b4f3dfd5cb.pdf
Parties
First Plaintiff: Julia Lynne Martin; Second Plaintiff: Wendy Lorraine Wilson; Third Plaintiff: Maree Alison Paterson; First Defendant: Robert James Burnside; Second Defendant: Alexander Craig Burnside
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 July 2009
Procedural Posture
Trusts / Estate (trustee Act 1956) / Summary Judgment Application (judgment Delivered 7 July 2009)
Outcome
Summary judgment for plaintiffs on both causes of action; court ordered distribution of $450,000 plus accrued interest (less reasonable approved solicitor administration costs) and ordered transfer of Thistle Paddock and creation of water easement; costs reserved.
Legal Topics
Summary Judgment, Distribution of Estate Assets, Deed of Family Arrangement, Creation of Easement, Trustees' Duties, Directors' Duties and Indemnity
Trusts Estate and Probate Property Law Civil Procedure Summary Judgment Distribution of Estate Assets Deed of Family Arrangement Creation of Easement +2 more

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Parties

Julia Lynne Martin

First Plaintiff

Wendy Lorraine Wilson

Second Plaintiff

Maree Alison Paterson

Third Plaintiff

Robert James Burnside

First Defendant

Alexander Craig Burnside

Second Defendant

Procedural Posture

Trusts / Estate (trustee Act 1956) / Summary Judgment Application (judgment Delivered 7 July 2009)

Legal Issues

  1. 1 Whether trustees must distribute $450,000 dividends held in solicitors' trust account in accordance with Will as amended by Deed of Family Arrangement
  2. 2 Whether second plaintiff entitled to transfer of 20 acre 'Thistle Paddock' and creation of water easement
  3. 3 Whether first defendant's demand for an indemnity/release from beneficiaries is a proper condition for distribution

Ratio Decidendi

Plaintiffs demonstrated there was no reasonably arguable defence: the $450,000 dividend fund must be distributed in accordance with the Will as amended by the Deed (less reasonable estate solicitor administration costs), and the Thistle Paddock and associated water easement must be transferred/created for the transferees; the first defendant's demand for an indemnity/release protecting his separate role as director was improper and did not justify withholding distributions or refusal of summary judgment.

Court Disposition

Summary judgment for plaintiffs on both causes of action; court ordered distribution of $450,000 plus accrued interest (less reasonable approved solicitor administration costs) and ordered transfer of Thistle Paddock and creation of water easement; costs reserved.

Orders

  • Directing defendants to distribute plaintiffs' respective shares of the $450,000 dividends and accrued interest in accordance with clause 8 of the Will as amended by clause 15 of the Deed less a reasonable mutually approved deduction for estate solicitor Bate Hallett's administration costs (excluding costs of the...
  • Leave reserved for either party to apply on 48 hours notice if disagreement arises as to the level of Bate Hallett's reasonable costs for proper administration matters