Bell v Bell, Quaid and Bell
[2010] NZHC 1087
•24 June 2010
IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CIV-2010-476-000277
UNDER Part 18 of the High Court Rules
BETWEEN ALISON HELEN BELL Plaintiff
AND HELEN MARION JEAN BELL PHILLIP STEPHEN QUAID ALASTAIR PETER BELL
AS TRUSTEES OF THE BELL FAMILY TRUST
First Defendants
AND HELEN MARION JEAN BELL JOHN BRUCE BELL ALASTAIR PETER BELL
AS TRUSTEES OF THE ESTATE OF J M BELL
Second Defendants
Judgment: 24 June 2010
JUDGMENT OF ASSOCIATE JUDGE DOHERTY
on Application for Directions as to Service
[1] In her capacity as a beneficiary of a trust administered by the first defendants, and as a beneficiary and trustee of an estate administered by the second defendants, the plaintiff has filed proceedings seeking orders pursuant to Part 18 High Court Rules that the defendants divulge certain information to her.
[2] An application seeks that service be made on the defendants and two advisers of the defendants, Geoffrey Kean (solicitor) and Ian Lennie (financial adviser).
BELL V BELL AND ORS HC TIM CIV-2010-476-000277 24 June 2010
[3] The application also seeks directions that the defendants and Mr Kean and Mr Lennie file a statement of defence or notice of appearance together with affidavits in support.
[4] It is entirely inappropriate that such an order be granted in respect of Messrs Kean and Lennie. They are merely advisers to the defendants. Should there be information in their possession, it is entirely under the control and direction of the defendants.
[5] I grant the application in part and make the following orders:
[1] The proceeding and all documents filed therewith, and a copy of this judgment, be served on the defendants.
[2] The defendants are to file and serve a statement of defence or notice of appearance and any affidavits in support thereof within 25 working days of the date of service.
[6] Costs on this application are reserved.
ASSOCIATE JUDGE DOHERTY
Solicitors:
Wynn Williams & Co, Christchurch
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