Black v Black

[2014] NZHC 2165

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2013-409-000019 [2014] NZHC 2165

BETWEEN

CATHERINE BLACK AND

PERPETUAL TRUST LIMITED Plaintiffs

AND

CATHERINE BLACK First Defendant

MICHAEL HENRY NUTT Second Defendant

ANNABEL CATHERINE BLACK Third Defendant

CAROLINE CECILIA MARSH Fourth Defendant

Hearing:	On the papers
Counsel:	AD Marsh for Plaintiffs DM Lester as counsel for children and unborn children
Judgment:	9 September 2014

JUDGMENT (NO 2) OF FOGARTY J

This judgment was delivered by me on 9 September 2014 at 4.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date: ………………………….

Solicitors:           Saunders Robinson Brown, Christchurch

DM Lester, Christchurch

BLACK AND PERPETUAL TRUST LTD v BLACK [2014] NZHC 2165 [9 September 2014]

[1]      On 11 December 2013, my interim judgment approved provisionally this originating application made under the Trustee Act to amend the AHC Nutt Children Trust Deed dated 30 June 1959.

[2]      In a minute of 3 June I examined the amended terms submitted to the Court and expressed reservations about several clauses.

[3]      On 14 August I issued a further minute, having examined the amended draft and approved, that my concerns expressed in the minute of 3 June had now been addressed.

[4]      The result is that the Trust Deed has been amended to refer to the AHC Nutt Trust assets being merged with the CAC Trust, rather than the AHC Nutt Trust being wound up.

[5]      The order is  now made in accordance with the terms  of the draft order attached to this judgment, to which the amended Trust Deed is also attached.