New Zealand Case Law: Decisions & Judgments

Topic

Bare trust

Legal area

Court

20 Dec 2022

HALLIDAY v HANNAH [2022] NZHC 3570

Citation

[2022] NZHC 3570
Court

High Court

Costs were reserved until after determination of the substantive proceeding because, although the summary judgment application had significant legal and factual difficulties and the judge had a preliminary view that defendants were entitled to costs, the court was not satisfied the plaintiff ought to have realised the application was clearly inappropriate given defendants' asserted but undisclosed legal advice and the possibility that substantive evidence could explain deficiencies in the summary judgment material.
20 Jul 2022

TIGER ALEXANDER BROWN v PERPETUAL TRUST LIMITED [2022] NZHC 1726

Citation

[2022] NZHC 1726
Court

High Court

Although Perpetual likely retains formal authority as administrator, given the pending contest over recall of letters of administration and grant of probate and the inclusion of the same properties in other related proceedings, there was a real risk of prejudice to Perpetual and other beneficiaries and of multiplicity/abuse of process if the properties were transferred now; Plaintiff's prejudice was not substantial because stay was temporary and the Court retained power to vest title if necessary; accordingly a temporary stay was justified and granted with costs to Perpetual.
29 Jul 2021

MAHARISHI FOUNDATION INC v BENNER [2021] NZHC 1930

Citation

[2021] NZHC 1930
Court

High Court

Summary judgment was dismissed because the defendant's account that he registered and held the domain personally was a credible, non‑inherently improbable alternative supported by documentary evidence and the alleged oral agreement and email were contested factual matters raising credibility issues; therefore there was a real question to be tried and summary disposal was inappropriate.
17 Mar 2021

AUTO NET v TYLER [2021] NZHC 542

Citation

[2021] NZHC 542
Court

High Court

Leave to appeal was granted because the proposed grounds raised issues capable of bona fide and serious argument, the appeal may be dispositive between the parties, the merits and significance to Auto Net outweighed the delay and cost, and the interests of justice required the Court of Appeal to determine the issues concerning the nature of the trust and applicability of Saunders v Vautier.
15 Feb 2021

ENRIGHT v LELSZ [2021] NZHC 167

Citation

[2021] NZHC 167
Court

High Court

On the evidence before the Court, notwithstanding absence of a produced trust deed, there was sufficient proof that the parties intended and effected a trust: the land was transferred to trustees and beneficiaries were identified; accordingly the Court declares the land is held in trust for the benefit of Lancelot, Michelle and the defendant. Given unresolved matters and the defendant's assertion that a trust deed may exist, the decision is interim and limited to a declaration; further steps including defence filing and case management are required before any vesting or trustee removal orders…
23 Dec 2020

TATA HOUSING LTD v TATA [2020] NZHC 3495

Citation

[2020] NZHC 3495
Court

High Court

The Declaration of trust created a sufficiently arguable equitable interest in favour of THL (a bare trust) to support the caveat and the respondents failed to show that allowing the caveat to lapse would not prejudice THL's legitimate interests; accordingly the court exercised its discretion to refuse to allow the caveat to lapse.
21 Sept 2020

Auto Net v Tyler [2020] NZHC 2459

Citation

[2020] NZHC 2459
Court

High Court

Summary judgment was refused because genuine and material factual issues remain as to the terms of the trust established in 2009 (notably whether transfers required the consent of both Hemi and Stone) and whether Tyler has an arguable equitable lien for future litigation costs; those issues cannot be properly resolved on a summary basis and require trial.
2 Jul 2019

KIDD v VAN HEEREN [2019] NZCA 275

Citation

(2019) 24 PRNZ 596
Court

Court of Appeal

The Court held r 7.48 furnished jurisdiction to enforce the Interim Payment Order; Mr van Heeren was a party in default for failing to pay USD 25 million despite unsuccessful variation/stay and appeal attempts; contemporaneous OIO documentation and surrounding evidence established Saraceno holds the Worldwide Leisure shares as bare trustee for van Heeren; equity and the Court's powers enabled appointment of receivers over those shares to realise partnership assets (Huka Lodge and if necessary Dolphin Island) to raise USD 25 million to be paid into the High Court; orders were stayed for 30 day…
21 May 2019

HEMI v TYLER [2019] NZHC 1114

Citation

[2019] NZHC 1114
Court

High Court

Because service was validly effected within New Zealand and the allegations concern conduct by the defendant as director/shareholder of a New Zealand company and the defendant resides in New Zealand, the Court had jurisdiction; where service is within New Zealand the dispute is decided by applying the forum conveniens test and on that test New Zealand was the appropriate forum; accordingly the defendant's appearance under protest was set aside and he was ordered to file a defence.
13 Mar 2019

ASHTON & ORS v CLYDESDALE [2019] NZHC 432 .

Citation

[2019] NZHC 432
Court

High Court

The Deed of Trust established an unarguable caveatable interest; respondents' denial of the trust before and during proceedings was unreasonable and unjustified, therefore applicants are entitled to costs on a 2B basis with a 50% uplift; respondents' costs application is dismissed.