New Zealand Case Law: Decisions & Judgments

Topic

Sale of trust property

Legal area

Court

19 Dec 2023

DIGBY JOHN NOYCE v PENDRELL INVESTMENTS LIMITED [2023] NZHC 3778

Citation

[2023] NZHC 3778
Court

High Court

The receiver had standing to apply under s142 LTA because his court-appointed powers to sell the Trust property constituted an interest affected by caveats; Pendrell's caveat was invalid because it forfeited its contract by failing to settle; none of the other five caveators (Stuart Lobb, Lothbury Management Ltd, WAG/WAG Trustees, Warwick Lobb, Mattson Partnership) demonstrated a reasonably arguable caveatable interest or their claims were inconsistent with prior judgments and orders, were unarguable or constituted abuse of process, and accordingly all six caveats were ordered removed; the Co…
8 Dec 2023

VERENA COLLEEN RYAN v STUART JAMES LOBB [2023] NZHC 3595

Citation

[2023] NZHC 3595
Court

High Court

Emails sent by the first defendant to real estate agents were a deliberate attempt to undermine the court-ordered sale by discouraging purchasers and lowering the price, and therefore constituted common law contempt by interfering with the court-appointed receiver's administration; other alleged conduct was not sufficiently proven to be contempt; imprisonment was inappropriate given sale progressed, so the remedy was a finding of contempt and an order that defendant pay the receiver's reasonable costs.
20 Dec 2021

RE MACALISTER [2021] NZHC 3572

Citation

[2021] NZHC 3572
Court

High Court

Because all adult beneficiaries consented via the Deed of Settlement, the proposed variation (addition of clause 5.3) did not remove any vested interest of discretionary beneficiaries, the minor beneficiaries' interests were adequately represented by their parents, the trustees had power to sell under the deed and the orders were necessary and appropriate to implement a negotiated, interdependent settlement and wind up the trust, the Court exercised its discretion under s124 and s133 to approve the variation and direct the sale and distributions as stipulated in the Deed of Settlement.
27 Aug 2021

NYHOFF v ATKINS [2021] NZHC 2238

Citation

[2021] NZHC 2238
Court

High Court

Leave to commence by originating application was declined for lack of justification; the Court removed Kiritea Atkins as trustee under s112 Trusts Act 2019 and appointed BGL Trustee 2012 Limited under s114 because the trusteeship required unanimity, an impasse existed that risked frustrating urgent resolution of a mortgage default and sale of the sole trust asset, and the proposed replacement ensured at least two trustees and proper administration; costs issue reserved.
13 Aug 2021

BALLANTYNE AND ANOR v BALLANTYNE [2021] NZHC 2111

Citation

[2021] NZHC 2111
Court

High Court

Applicants awarded standard 2B costs of $19,359 plus disbursements of $1,655; valuation fees disallowed because trustees would have incurred them irrespective of the proceedings; a 25% uplift on scale costs was justified under r 14.6(3)(b)(ii) because respondent pursued irrelevant arguments (his assertions of innocence of a criminal conviction) that unnecessarily increased the time and expense of the proceedings, producing a total award of $24,198.75.
26 May 2021

BALLANTYNE & ANOR v BALLANTYNE AS TRUSTEE OF THE TUNKU FAMILY TRUST [2021] NZHC 1190

Citation

[2021] NZHC 1190
Court

High Court

The Court exercised its inherent jurisdiction to remove the respondent as trustee because his imprisonment and persistent refusal to cooperate endangered the trust property and impeded expedient administration; the Court vested the trust property in the continuing trustees and authorised the sale of the Whangamata property and related distributions, allowing deduction of rates and other liabilities from proceeds; costs reserved for later determination.
7 May 2021

JOHNSTON v BROWN [2021] NZHC 1018

Citation

[2021] NZHC 1018
Court

High Court

Ms Brown was the successful party on the stay and ancillary applications; the majority of Mr Johnston's applications were without merit or had no prospect of success (and some could not be ordered because the court was functus officio); Mr Johnston unreasonably failed to engage on a suitable interim retention figure for sale proceeds; accordingly costs follow the event, a 25% uplift on 2B costs is warranted, and costs are fixed at $7,020.62 with disbursements $110 to be paid from funds otherwise payable to Mr Johnston's new trust.
15 Mar 2021

JOHNSTON v BROWN [2021] NZHC 507

Citation

[2021] NZHC 507
Court

High Court

The application for a stay was granted in part: the interlocutory order fixing the division of net sale proceeds was stayed and the trustees were directed to proceed with sale with net proceeds held on interest-bearing deposit pending appeal or agreement; trustees may deduct reasonable sale-related costs; Mr Johnston must vacate the property by 31 March 2021; other applications (mediation order, appointment of counsel for the child, publication suppression, exclusive occupation and prohibition on marketing visits) were dismissed; Hawea Trustees Ltd was joined as a party and costs reserved.
16 Feb 2021

MACNAMARA v MACNAMARA [2021] NZHC 173

Citation

[2021] NZHC 173
Court

High Court

The consent orders do not make reconciliation of Oneheat's accounts a prerequisite to marketing and sale of the Karaka property; reconciliation and sale are addressed by distinct provisions and the independent trustees have discretion to progress marketing and sale forthwith, accordingly the court dismissed Mr Macnamara's application and directed trustees to proceed and Mr Macnamara to provide reasonable assistance.
16 Sept 2020

TURVEY v TURVEY [2020] NZHC 2403

Citation

[2020] NZHC 2403
Court

High Court

The court concluded that the respondent's delay in obtaining probate was not solely due to his neglect given obstruction by others and thus did not justify his removal as executor; however the irreconcilable breakdown between the two trustees of the mirror trusts required removal of both trustees and appointment of an independent trustee empowered to transfer, repair/renovate and sell the property, account for past management and adjust distributions accordingly; the applicant's notice of discontinuance was effective but did not affect counterclaims; no order for costs against either party ex…