| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA545/2017 [2019] NZCA 480 |
| BETWEEN | PRUDENCE ANNE ADDLEMAN |
| AND | LAMBIE TRUSTEE LIMITED |
| Hearing: | 19 March 2019 |
Court: | Cooper, Clifford and Gilbert JJ |
Counsel: | A S Ross QC and R A Rose for Appellant |
Judgment: | 4 October 2019 at 10 am |
JUDGMENT OF THE COURT
AThe application to adduce further evidence is granted.
BThe appeal is allowed.
CThe judgment of the High Court is set aside.
DWithin 30 working days of the date of this judgment the respondent is to provide the appellant with all documents in its possession or power relating to the Lambie Trust in the following categories:
(i)financial statements;
(ii)minutes of meetings; and
(iii) any legal opinions and other advice obtained by the trustees and funded by the Trust.
ELeave is reserved to apply to the High Court for further directions in the case of any disagreement as to any redaction made in the documents provided in accordance with these orders.
FTo the extent any documents in these categories are no longer available, the respondent is to serve on the appellant within the same 30-day period an affidavit from a person having the relevant knowledge explaining what efforts have been made to locate the missing documents and what is thought to have become of them and when.
GThe respondent is to pay the appellant’s costs for a standard appeal on a band A basis and usual disbursements. We certify for second counsel.
____________________________________________________________________
REASONS OF THE COURT
(Given by Gilbert J)
Table of Contents
Introduction [1]
Lambie Trust [2]
Distribution to Mrs Addleman[7]
Mrs Addleman’s requests for Trust documents [8]
Proceedings [12]
High Court judgment [16]
Appeal [18]
Applicable principles [20]
Did the High Court err in applying these principles? [24]
Documents sought [25]
Context for and objective of request [32]
Nature of Mrs Addleman’s interests [36]
Confidentiality [50]
Practical difficulty in providing the information [52]
Whether the documents sought disclose reasons for trustees’
decisions [53]
Likely impact of disclosure on trustee and other beneficiaries [54]
Likely impact of disclosure on settlor and third parties [58]
Whether disclosure can be made while protecting confidentiality [59]
Conclusion [60]
Result [61]
Introduction
This is an appeal against a judgment of the High Court refusing an application by a beneficiary for disclosure of trust documents.[1]
Lambie Trust
[1]Addleman v Lambie Trustee Ltd [2017] NZHC 2054 [High Court judgment].
The appellant, Prudence Addleman, and her younger sister, Annette Jamieson, now aged 70 and 66, are the only two people named as both discretionary and final beneficiaries of a trust known as the Lambie Trust (the Trust) established by a Deed of Trust dated 19 March 1990 (Trust Deed). The named settlor was Robert Palmer, their cousin. The original trustees were: their father, Alexander Jamieson; their brother, Anthony Jamieson; Mr Palmer; and Wayne Hanna, an accountant. The respondent, Lambie Trustee Ltd, has been the…
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- AGLC
- Addleman v Lambie Trustee Ltd [2019] NZCA 480
- Case
- [2019] NZCA 480
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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