De Bruijn v De Bruijn

[2019] NZHC 2000

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2019-404-1377

[2019] NZHC 2000

IN THE MATTER OF

The De Bruijn Family Trust established 2002

UNDER

Sections 51 and 52 of the Trustee Act 1956

BETWEEN

JEROEN PETRUS DE BRUIJN

Applicant

AND

JEROME JORDAN DE BRUIJN

Respondent

Hearing:

14 August 2019

Appearances:

D J Rooke for Applicant

No appearance by or on behalf of the Respondent

Judgment:

22 August 2019

JUDGMENT OF POWELL J

This judgment was delivered by me on 22 August 2019 at 3.30 pm pursuant to R 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

Counsel:        David Rooke Law Office, Botany Town Centre

DE BRUIJN v DE BRUIJN (Application for new trustee and Vesting Orders) [2019] NZHC 2000 [22 August 2019]

[1]The applicant, Jeroen De Bruijn (“Jeroen”) seeks orders:

(a)appointing his wife Ying Huang also known as Heidi Huang (“Heidi”) a new trustee in substitution for the respondent Jerome De Bruijn (“Jerome”) as a trustee of the De Bruijn Family Trust established by Deed of Trust dated 11 April 2002 (“the Trust”); and

(b)vesting the assets of the trust including the residential properties at 12 Ballyroney Place, Dannemora, and 3B Kent Road, Manurewa Auckland, as contained in Certificate of Title NA 137B/97 and NA 72D/422 in Jeroen and Heidi.

[2]        Jeroen and Jerome, father and son respectively, are the current trustees of the De Bruijn Family Trust (“the Trust”). Jeroen seeks the removal of Jerome as a trustee on the basis that Jeroen is currently bankrupt and has otherwise misconducted himself in the administration of the Trust; by failing to look after the Trust property he is living in and otherwise failing to carry out his duties as a trustee. Heidi is Jeroen’s wife and she has consented to the appointment sought.

[3]        The proceedings were served on Jerome by way of substituted service following an order by Lang J on 15 July 2019. Service was effected as directed on  27 July 2019, but to date Jerome has taken no steps in the proceedings.

[4]        It is clear from Jeroen’s affidavit and the terms of the Trust Deed of the Trust that the orders sought by Jeroen can only be achieved through the present application as there does not appear to be any explicit power in the Trust Deed to remove a trustee, nor to re-vest properties in the new trustees. It is clear from the evidence that the relationship between Jeroen and Jerome has broken down and that Jerome has been made bankrupt and is not otherwise fulfilling his duties as a trustee. In the circumstances, it is clearly appropriate that an order be made removing Jerome as a trustee.

[5]        There can equally be no objection to the appointment of Heidi as a new trustee and having made that appointment, and having removed Jerome and appointed Heidi,

it is necessary to make the orders vesting the Trust properties in Jeroen and Heidi as trustees.

[6]As a result, I make the following orders:

(a)removing Jerome De Bruijn as a trustee of the De Bruijn Family Trust;

(b)appointing Ying Huang (also known as Heidi Huang) as a trustee of the De Bruijn Family Trust;

(c)vesting the assets of the De Bruijn Family Trust including the residential properties at 12 Ballyroney Place, Dannemora, and 3B Kent Road, Manurewa Auckland, as contained in Certificate of Title NA 137B/97 and NA 72D/422 in Jeroen Petrus De Bruijn and Ying Huang (also known as Heidi Huang); and

(d)there is no issue as to costs.

Powell J