A v D and E Limited

Case

[2022] NZSC 151

20 December 2022


ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESSES OR IDENTIFYING PARTICULARS OF ANY PERSONS OR ENTITIES CONNECTED TO THIS PROCEEDING.

 NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF NAMES, ADDRESS OR IDENTIFYING PARTICULARS OF APPLICANTS AND RESPONDENTS REMAINS IN FORCE.

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 106/2022
 [2022] NZSC 151
BETWEEN

A, B AND C
Applicants

AND

D AND E LIMITED AS TRUSTEES OF THE Z TRUST
Respondent

Court:

Glazebrook, O’Regan and Ellen France JJ

Counsel:

D A T Chambers KC and J L Beverwijk for Applicants
M J Wenley for Respondent

Judgment:

20 December 2022

JUDGMENT OF THE COURT

ALeave to appeal is granted (D and E Ltd as Trustees of the Z TrustvA, B and C [2022] NZCA 430).

BThe approved question is whether the Court of Appeal was correct to allow the appeal.

CWe make an order prohibiting publication of names, addresses or identifying particulars of any persons or entities connected to this proceeding.

____________________________________________________________________

REASONS

  1. We make an order prohibiting publication of names, addresses or identifying particulars of any persons or entities connected to this proceeding, reflecting orders made in the Courts below.

  2. Given the complexity and novelty of the issues raised by the appeal, the Registrar is to appoint counsel to assist the Court.

  3. Submissions from counsel assisting the Court are to be filed five days after the submissions for the parties.

Solicitors:
Vicki Ammundsen Trust Law Ltd, Auckland for Applicants
Willis Legal, Napier for Respondent

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