IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2015-404-001359 [2017] NZHC 2054
UNDER Part 18 of the High Court Rules BETWEEN
PRUDENCE ANNE ADDLEMAN Plaintiff
AND
LAMBIE TRUSTEE LIMITED Defendant
Hearing: 31 July 2017; 1 and 11 August 2017 Appearances:
R Rose and Y Karbhari for Plaintiff
D Chambers QC and I Williams for DefendantJudgment:
25 August 2017
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on 25 August 2017 at 4:00 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/ Deputy Registrar
Date:
Solicitors/Counsel:
Bell Auckland, Auckland
Ms Chambers QC, Auckland
Mr Williams, Auckland
ADDLEMAN v LAMBIE TRUSTEE LIMITED [2017] NZHC 2054 [25 August 2017]
Introduction
[1] This is an unfortunate dispute between sisters as to what level of disclosure is appropriate for the affairs of the Lambie Trust (the Trust) which was settled by their cousin in 1990. Both sisters are beneficiaries of the Trust. The plaintiff and older sister, Prudence Addleman (Prudence), has received a copy of the Trust deed, documents evidencing various changes of trustees, a statement of the settlor as to the source of funds introduced into the Trust and a memorandum of wishes but nothing more. She wants to see the financial accounts and other material relating to the Trust’s operation in order to satisfy herself that the Trust has been managed properly.
[2] The younger sister, Annette Jamieson (Annette), is the sole director and shareholder of the defendant company, Lambie Trustee Limited, which is the sole trustee of the Trust. She has resisted requests for further disclosure from her sister on the basis that it is in effect her trust which she wants to keep confidential. She says that her sister is not entitled to more than what she has already received.
Factual background
[3] Prudence and Annette are two of four children of Alexander and Merryl Jamieson (Mr and Mrs Jamieson). The other two children are Anthony Jamieson (Anthony) and Meredith Strang (Meredith). The children grew up in Sydney where they lived with their parents. Mr Jamieson was a businessman with many and varied interests in businesses in Australia and abroad.
[4] On 30 December 1972, Annette dived into a tidal pool at Paradise Beach, one of the Northern Beaches of Sydney, and broke her spinal cord. She became a quadriplegic needing constant nursing care. She was just 19. She is now 63 and gave evidence in a wheelchair, having travelled from Sydney.
[5] Prudence is four years older than Annette. She moved to England about the
time of her sister’s accident where she married her husband, Martin Addleman, in
1976. She has lived in England ever since and gave evidence by way of AVL from
Madeira where she and her husband have a holiday home.
[6] Following her accident, Annette sued the local council for negligence and after a two week trial in the New South Wales Supreme Court in October 1979 was awarded record damages of A$981,333. In 1981 the council paid Annette A$1,029,084…
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