WI LUPTON AND AE SYMES AND RJ LUPTON AS TRUSTEES OF THE LUPTON TRUST V GM HOOPER AND MR HUGHES AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ANNE MACDONALD LUPTON HC WANG CIV-2011-483-232

WI LUPTON AND AE SYMES AND RJ LUPTON AS TRUSTEES OF THE LUPTON TRUST V GM HOOPER AND MR HUGHES AS EXECUTORS AND TRUSTEES OF THE ESTATE OF ANNE MACDONALD LUPTON HC WANG CIV-2011-483-232

Evidence, including contemporaneous affidavits and the estate's Schedule of Assets and Liabilities, established the $13,569.46 was a loan from the Lupton Trust to the estate which was not gifted and remains repayable; the Disputes Tribunal claim is a personal claim against Warwick Lupton and cannot be set off against the Trust's claim; therefore defendants had no real defence and summary judgment is warranted.

Citation
openlaw-ff58db9d_91cc_4c98_a1d6_f7bfb2559a56.pdf
Parties
Plaintiff Trustee of the Lupton Trust: Warwick Isaac Lupton; Plaintiff Trustee of the Lupton Trust: Antony Edward Symes; Plaintiff Trustee of the Lupton Trust: Ruth Jennifer Lupton; Defendant Executor and Trustee of the Estate of Anne Mac Donald Lupton: Gillian Margaret Hooper; Defendant Executor and Trustee of the Estate of Anne Mac Donald Lupton: Murray Roy Hughes
Court
High Court
Jurisdiction
New Zealand
Judgment Date
8 December 2011
Procedural Posture
Civil Summary Judgment Application / Application Heard and Judgment Delivered
Outcome
Summary judgment granted for plaintiffs
Legal Topics
Summary Judgment, Loan to Estate, Set Off and Counterclaim, Executor Obligations
Trusts Estate/probate Civil Procedure Debt Recovery Summary Judgment Loan to Estate Set Off and Counterclaim Executor Obligations

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Parties

Warwick Isaac Lupton

Plaintiff Trustee of the Lupton Trust

Antony Edward Symes

Plaintiff Trustee of the Lupton Trust

Ruth Jennifer Lupton

Plaintiff Trustee of the Lupton Trust

Gillian Margaret Hooper

Defendant Executor and Trustee of the Estate of Anne Mac Donald Lupton

Murray Roy Hughes

Defendant Executor and Trustee of the Estate of Anne Mac Donald Lupton

Procedural Posture

Civil Summary Judgment Application / Application Heard and Judgment Delivered

Legal Issues

  1. 1 Whether $13,569.46 was a loan owed by the estate to the Lupton Trust
  2. 2 Whether defendants have a bona fide defence that raises a real question to be tried
  3. 3 Whether a Disputes Tribunal claim against an individual defendant can be set off against a debt owed by the estate to the Trust

Ratio Decidendi

Evidence, including contemporaneous affidavits and the estate's Schedule of Assets and Liabilities, established the $13,569.46 was a loan from the Lupton Trust to the estate which was not gifted and remains repayable; the Disputes Tribunal claim is a personal claim against Warwick Lupton and cannot be set off against the Trust's claim; therefore defendants had no real defence and summary judgment is warranted.

Court Disposition

Summary judgment granted for plaintiffs

Orders

  • Defendants to pay plaintiffs $13,569.46
  • Payment deferred for 30 working days from date of judgment