JACOMB v JACOMB [2020] NZHC 1764

JACOMB v JACOMB [2020] NZHC 1764

Disclosure was denied: although plaintiff is a close/final beneficiary entitled to core documents normally, the Court found persuasive evidence that she has ongoing drug‑related and dishonesty associations and has previously misused trust information (including supporting third parties litigating against the trust and accessing stolen trustee emails) such that disclosure would likely be misused and would harm the trust and beneficiaries; the Court also found clause 15 was breached between 30 October 2014 and 22 June 2018 (no independent trustee), but refused to declare all trustee decisions since 30 October 2014 invalid or to impose personal liability on trustees because there was...

Citation
(2020) 5 NZTR 30
Parties
Plaintiff: Veronica Jacomb; First Defendant: Michael John Jacomb; Second Defendant: Trena Kathleen Jacomb; Third Defendant: Genset Trustee Ltd; Fourth Defendant: RLA Trustee Services No 52 Ltd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 July 2020
Procedural Posture
Trusts Supervisory Jurisdiction / Judgment (high Court, 21 July 2020)
Outcome
Both of the plaintiff's claims dismissed
Legal Topics
Disclosure of Trust Documents, Trustee Duties and Composition, Breach of Trust, Personal Liability of Trustees, Interpretation of Trust Deeds, Court Directions Under S66 Trustee Act
Trusts Equity Civil Procedure Disclosure of Trust Documents Trustee Duties and Composition Breach of Trust Personal Liability of Trustees Interpretation of Trust Deeds +1 more

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Parties

Veronica Jacomb

Plaintiff

Michael John Jacomb

First Defendant

Trena Kathleen Jacomb

Second Defendant

Genset Trustee Ltd

Third Defendant

RLA Trustee Services No 52 Ltd

Fourth Defendant

Procedural Posture

Trusts Supervisory Jurisdiction / Judgment (high Court, 21 July 2020)

Legal Issues

  1. 1 Whether trustees must disclose requested trust documents to a beneficiary under the High Court's supervisory jurisdiction
  2. 2 Whether clause 15 of the Trust Deed (requirement of an independent trustee) was breached between 30 October 2014 and 22 June 2018
  3. 3 Whether decisions of the trustees since 30 October 2014 are invalid for non-compliance with the Trust Deed

Ratio Decidendi

Disclosure was denied: although plaintiff is a close/final beneficiary entitled to core documents normally, the Court found persuasive evidence that she has ongoing drug‑related and dishonesty associations and has previously misused trust information (including supporting third parties litigating against the trust and accessing stolen trustee emails) such that disclosure would likely be misused and would harm the trust and beneficiaries; the Court also found clause 15 was breached between 30 October 2014 and 22 June 2018 (no independent trustee), but refused to declare all trustee decisions since 30 October 2014 invalid or to impose personal liability on trustees because there was...

Court Disposition

Both of the plaintiff's claims dismissed

Orders

  • Both of the plaintiff's claims dismissed
  • RLA Trustee Services No 52 Ltd joined as fourth defendant