Dawson v Snedden - [2019] NZHC 736

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-419

[2019] NZHC 736

BETWEEN
MARIE-LAURE DAWSON

Plaintiff

AND

DAVID WARWICK SNEDDEN AND BENJAMIN NESBIT AS PURPORTED

TRUSTEES OF THE GALLAIS FAMILY TRUST

First Defendants

AND

DAVID WARWICK SNEDDEN AND BENJAMIN NESBIT SNEDDEN AS EXECUTORS OF THE ESTATE OF

PHILIPPE ALAIN ROBERT GAILLAIS
Second Defendants

AND

SUSAN LYNETTE REID

Third Defendant

AND

JASMINE HANAWY

Fourth Defendant

AND

CHRISTINE LAGARDE

Fifth Defendant

Hearing: 6 March 2019

Appearances:

J P Cundy for Plaintiff (excused due to non-opposition of application)

R C Knight & T A Chubb for First Defendants
K G Davenport QC & A M Cameron for Third Defendant

Judgment:

8 April 2019

JUDGMENT OF PAUL DAVISON J

This judgment was delivered by me on 8 April 2019 at 3:00 pm
Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

DAWSON v SNEDDEN & ANOR [2019] NZHC 736 [8 April 2019]

Introduction

[1] Susan Reid (Ms Reid), the third defendant, applies for an order directing the Trustees of the Gallais Family Trust to make an interim distribution to her of $100,000 to enable her to meet what she describes as “real and pressing” financial needs.

[2] Ms Reid was the de-facto partner of the late Philippe Alain Robert Gallais (Mr Gallais) who died on 26 June 2014. In 2005 Mr Gallais settled the Gallais Family Trust (“the Trust”). Ms Reid is named as a primary and final beneficiary of the Trust. She is also a beneficiary of specific legacies in Mr Gallais’ Will, dated 20 March 2014 (the Will). By the terms of the Will, the entire residue of the estate is to be settled on the Trust. The final memorandum of guidance signed by Mr Gallais stipulates his wish that Ms Reid receive a specific payment of $300,000 from the trust, and after the payment of other specific amounts to other beneficiaries, she is also to receive the balance of the Trust’s fund.

[3] Mr David Snedden and Mr Benjamin Snedden are acting in dual capacities as both Trustees of the Trust and also as Executors of Mr Gallais’ Estate (the Estate), and are the first and second defendants respectively.

[4] The plaintiff, Marie-Laure Dawson (Ms Dawson) is the daughter of Mr Gallais’ wife, Ms You Tai Gallais (Mrs Gallais) from whom he had been estranged for some 20 years prior to his death.

[5] Ms Reid says that as a direct consequence of several legal proceedings brought by the plaintiff and her mother Mrs Gallais, and which were commenced shortly after Mr Gallais’ death, she has had no access to the assets and funds of the antique shop business she was running with Mr Gallais prior to his death, and no access to any funds from his Estate. Ms Reid says that she has incurred significant legal costs defending her entitlement under the Will in Family Court proceedings brought by Mrs Gallais and the plaintiff: to set aside an…

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 Dawson v Snedden

Details

AGLC: Dawson v Snedden [2019] NZHC 736
Case: [2019] NZHC 736
Decision Date: 8 April 2019

CaseChat Overview and Summary

Dawson v Snedden was a proceeding brought by Marie-Laure Dawson, the plaintiff, seeking a declaration that she was the legally adopted daughter of Philippe Alain Robert Gallais. She sought declarations that there was an intestacy of the residuary Estate under the Will requiring the Executors to distribute the residuary Estate under the Administration Act 1969. Alternatively, she sought an order for the removal of the Trustees of the Trust. Susan Reid, the third defendant, applied for an order directing the Trustees of the Gallais Family Trust to make an interim distribution to her of $100,000 to enable her to meet what she described as “real and pressing” financial needs. The court considered the application and found that the Trustees were justified and lawfully able to make an interim distribution to the Trust, to be applied for the benefit of Ms Reid, and for the purpose of the Trust making an interim distribution to her. The court ordered that the Executors were to make an interim distribution from the Estate to the Trust in the sum of $100,000 for the benefit of Ms Reid, subject to Ms Reid providing a written undertaking to the Court and the Executors. The court also ordered that the Trustees were to make a distribution to Ms Reid of the same sum of $100,000 forthwith upon the Executors making the interim distribution to the Trust.

Orders