AND GEORGE BULLOCK
First Defendant
PHILLIP RAYMOND NOTTINGHAM
Second Defendant
ROBERT EARLE McKINNEY
Third Defendant
DERMOT GREGORY NOTTINGHAM
Fourth Defendant

Hearing: 5 August 2025 Appearances: A J Steele for Plaintiff
Second Defendant in person Third Defendant in person Fourth Defendant in person

Judgment: 23 October 2025

JUDGMENT OF WILKINSON-SMITH J

[Interlocutory applications]

This judgment was delivered by me on 23/10/2024 at 11 am
Pursuant to Rule 11.5 of the High Court Rules Registrar/Deputy Registrar

Solicitors/counsel:
Patterson Hopkins, Auckland, A J Steele, Auckland

Copy to defendants.

BEERE v BULLOCK & ORS [2025] NZHC 3157 [23 October 2025]

Introduction [1]

Background[10]

Procedural history [35]

The present applications[76]

Issues[83]

Does the plaintiff have standing to bring the proceedings? [84]

Do procedural defects such as a failure to file notices of opposition prevent the plaintiff from now opposing the defendants’ applications?[96]

Should the plaintiff be permitted to amend the statement of claim?[103]

Is the amendment nevertheless an abuse of process?[114]

Defendants’ application for stay/strike-out of proceeding[122]

Relevant law[125]

Is the defendants’ application for stay/strike-out a relitigating of matters already decided by Associate Judge Taylor and if not, are the causes of action in the amended statement of claim each clearly untenable?[127]

Plaintiff’s application to strike out defendants’ December 2023 application[167]

Relevant law[169]

Discussion[180]

Plaintiff’s application for further orders[188] Defendants’ application for orders pursuant to inherent jurisdiction[197] Inherent jurisdiction — legal principles[198]
Orders sought under the inherent jurisdiction[201]

Result[253]

Introduction

[1] The plaintiff, Warren Beere, is the father of the late Stephen Beere, who died in Australia in August 2019.

[2] Stephen Beere relocated to Australia in 2017, apparently to avoid the attention of the New Zealand police who were investigating him for drug offending.

[3] These proceedings concern the Beere Family Trust (the Trust), which Stephen Beere settled in 2008.

[4] The plaintiff is both a primary and discretionary beneficiary of the Trust under the original trust deed. Among other causes of action, he alleges various breaches of trust. The allegations are based on a number of different claims, including claims that ownership of Trust properties was transferred to various of the defendants in breach of trust.

[5]The properties owned by the Trust at the time of Stephen Beere’s death were:

(a)6 Beazley Place, Glendene;

(b)107 Allen Bell Drive, Kaitaia;

(c)129 Allen Bell Drive, Kaitaia; and

(d)447 Kohukohu Road, Kohukohu.

[6] The defendants are current and former trustees of the Trust. Under a 2015 deed of variation, the validity of which is disputed by the plaintiff, all four defendants are also beneficiaries of the Trust.

[7] The defendants say that the Trust had no equity in the Allen Bell Drive and Kohukohu Road properties (together, the Northland properties) as one of the trustees, Phillip Nottingham, was owed money in excess of the value of the properties for the work he had done…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Beere v Bullock

Details

AGLC: Beere v Bullock [2025] NZHC 3157
Case: [2025] NZHC 3157
Decision Date: 23 October 2025

CaseChat Overview and Summary

The plaintiff, Warren Beere, is the father of the late Stephen Beere who died in August 2019. He brought proceedings against the defendants, current and former trustees of the Beere Family Trust, alleging various breaches of trust. The defendants brought several interlocutory applications, including a stay/strike-out application and an application for various orders under the inherent jurisdiction. The plaintiff filed a strike-out application in relation to the defendants' December 2023 application and sought to amend his statement of claim. The Court decided that the plaintiff has standing to bring the proceedings as a discretionary beneficiary, but his standing in relation to his fifth cause of action may be challenged at trial. The Court granted leave for the plaintiff to amend his statement of claim, noting that the defendants' concerns about fairness could be addressed through costs. The Court declined the defendants' stay/strike-out application, finding that the plaintiff's claims were not clearly untenable and required a substantive hearing. The Court also declined the plaintiff's strike-out application in relation to the defendants' December 2023 application, finding that it did not constitute an abuse of process. The Court declined the defendants' application for various orders under the inherent jurisdiction, finding that the orders sought were not necessary to uphold the administration of justice and could potentially undermine the administration of justice. The Court ordered that any additional applications or memoranda filed by the defendants be referred to the Court for a direction as to whether a response is required.

Orders