New Zealand Case Law: Decisions & Judgments

Topic

Breach of trust

Legal area

Court

29 Nov 2023

HOUCHENS v RUSCOE [2023] NZHC 3427

Citation

[2023] NZHC 3427
Court

High Court

The application to appoint a special trust adviser and independent representative was declined because applicants failed to establish anything approaching a breach of trust or a practical problem that the appointments would remedy, the proposal was a fishing expedition and practically unworkable, and the Rules and Trusts Act did not confer the powers sought; costs were awarded to the liquidators on a 2B basis increased by 25% (uplift for unnecessary time and expense caused by lack of evidential foundation) but not indemnity costs.
17 Nov 2023

KINNON and KINNON v HONG – COSTS [2023] NZHC 3274

Citation

[2023] NZHC 3274
Court

High Court

Costs awarded to the plaintiffs on a 2B basis; the challenged item dated 21 June 2021 disallowed because no conference occurred; other challenged memoranda and affidavit preparation were reasonable or justified by Court practice and High Court Rules; Mr Hong ordered to pay $33,940.50 in costs and $1,811.69 in disbursements.
15 Nov 2023

THOMPSON v POLICE [2023] NZHC 3229

Citation

[2023] NZHC 3229
Court

High Court

The High Court held the District Court starting point and cumulative structuring were inappropriate in light of the totality of offending; assessing culpability against comparable authorities the correct global starting point was five years' imprisonment and, after permitted discounts totalling 40%, the appropriate end sentence is three years' imprisonment, so the original sentence of three years seven months was manifestly excessive and replaced with three years' imprisonment.
13 Nov 2023

GAMBLE v SCHEPENS [2023] NZHC 3191

Citation

[2023] NZHC 3191
Court

High Court

Removal of both trustees was necessary and desirable because unilateral management, long‑standing failure to keep records, steady decline in farm condition and assets, and a substantial debt owed by trustee to the estates created a conflict of interest and risk to beneficiaries; appointment of independent professional trustee (Schepens Trustee Ltd) and ordering of reasonable remuneration payable from trust income were required to protect and restore estate assets.
3 Nov 2023

R v Y [2023] NZHC 3101

Citation

[2023] NZHC 3101
Court

High Court

Conviction entered; objective seriousness of tipping by a trusted insider with substantial share sales warranted an 18-month imprisonment starting point reduced for significant compassionate mitigation (family circumstances regarding defendant's ill young child) to 14 months, but having regard to deterrence, denunciation and least restrictive principle the court imposed a non-custodial sentence: six months' community detention (curfew 9:00 pm–6:00 am daily) plus a fine of $100,000; suppression granted for details of defendant's son's illness and interim suppression of identifying particulars…
19 Oct 2023

R v NGAPERA [2023] NZHC 2931

Citation

[2023] NZHC 2931
Court

High Court

Court set starting point for conspiracy to injure at 2 years 9 months, uplifted by 12 months for attempting to pervert the course of justice to 3 years 9 months, then uplifted 3 months for relevant prior convictions to a 4 year starting point; applied a 20% total reduction (12.5% for guilty plea and 7.5% for personal circumstances/time on EM bail) to reach an effective concurrent sentence of 3 years 2 months imprisonment for each defendant.
9 Oct 2023

IOANE v POLICE [2023] NZHC 2819

Citation

[2023] NZHC 2819
Court

High Court

The High Court concluded the District Court's 20‑month starting point was within an appropriate range given aggravating features (number and volume of transactions and multiple methods) despite the appellant's abusive relationship; applied 25% guilty plea and 5% remorse discounts were appropriate; conversion to six months' home detention was lawful and the least restrictive option to achieve sentencing purposes; appeal dismissed and sentence upheld.
21 Sept 2023

R v WILSON [2023] NZHC 2640

Citation

[2023] NZHC 2640
Court

High Court

The offender was convicted of murdering a particularly vulnerable 10-month-old in his sole care and breached a position of trust; life imprisonment was not manifestly unjust given the gravity and culpability, s104 applied but imposing the statutory 17 year minimum would itself be manifestly unjust in this offender's circumstances, therefore life imprisonment with a 15 year minimum non-parole period was imposed.
28 Aug 2023

GILLOVIC v NAYACAKALOU [2023] NZHC 2348

Citation

[2023] NZHC 2348
Court

High Court

The Court permitted the plaintiff's removal claim under s 286 to proceed to trial on the notice issue but struck out the part of the s 284 claim seeking to set aside the CHG share transfer to a third party because s 284 is generally unsuitable to determine claims that affect third party contractual and property rights where the third party is not joined; the Court granted leave under s 284 to permit review of the liquidator's remuneration because the plaintiff established a credible factual basis and a reasonable prospect the Court would disturb the fees.
9 Aug 2023

TASI v R [2023] NZHC 2121

Citation

[2023] NZHC 2121
Court

High Court

The Court held the District Court Judge did not err: given the cumulative aggravating features (deception to gain entry, theft, assault outside the house, breach of trust, victim vulnerability, intrusion into the victim's bedroom and restraint) a four year starting point was within range (near top of band one or lower band two); the discounts for guilty plea, partial rehabilitation and EM bail credit were appropriate and generous; the adjournment was properly refused as additional evidence would not affect the starting point; therefore the appeal was dismissed and the sentence upheld.