Estate of Marks

[2025] NZHC 3111

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2009-409-2457

[2025] NZHC 3111

UNDER

The Trusts Act 2019

IN THE MATTER OF

Estate of Hyman Marks

BETWEEN

JACQUELINE MARGARET LILBURNE and KIRSTEN ANN CHALLIES

Applicants

Hearing:	On the papers
Judgment:	17 October 2025

JUDGMENT OF HARLAND J

[1]                 I have before me a without notice interlocutory application for orders that the trustees of the abovenamed estate be paid for their time and services in the administration of the abovenamed estate for the period 1 March 2023 to 28 February 2025. The application is for the remuneration of the trustees to be paid out of the assets of the estate and the total sum sought is $20,000.

[2]                 I have read the application and affidavits of the trustees in support of it, as well as the memorandum of counsel.

[3]                 The affidavit filed in support of the application sets out the background to this matter. It is also clear from the Court file that similar applications have been made over many years and approved by the Court.

[4]                 The trust fund was established under the Will of the late Hyman Marks, who died on 22 May 1895. Since then, various trustees have been appointed to manage the trust fund which, with the advice of an investment adviser, comprises as at 28 February

RE ESTATE OF HYMAN MARKS [2025] NZHC 3111 [17 October 2025]

2025 of a sum just over $2.7 million. The trustees meet at least once a month to assess the various applications received seeking assistance from the trust fund. The process adopted by the trustees to manage and distribute the funds are set out in the affidavit of Ms Lilburne.

[5]                 I am satisfied, having regard to the documents filed, that it is appropriate to grant the application as sought on a without notice basis. The application is a routine matter and similar such applications have been dealt with on a without notice basis by the Court in the past. I am satisfied that jurisdiction exists for this to occur under s 139 of the Trusts Act 2019 and rr 27.37-45 of the High Court Rules 2016, which embody the High Court's power to allow trustees commission in s 137 of the Trusts Act 2019, and rr 7.23 and 7.46.

[6]                 I therefore make an order in terms of the draft order filed with the application as follows:

(a)   That JACQUELINE MARGARET LILBURNE, Mother, and KIRSTEN ANN CHALLIES, Chaplain both of Christchurch, having filed their accounts of the administration of the estate of the said deceased from the 1st day of March 2023 to the 28th day of February 2025, be paid out of the assets of the said estate for their time and services in the administration of the said estate during the said period the total sum of

$20,000 to be paid equally between the said Jacqueline Margaret Lilburne and Kirsten Ann Challies1 to the effect that each receives $10,000.00, being $5,000.00 per annum per applicant; and

(b)   That the observance of the parts (b), (h) and (i) of Rule 27.38, Rule 27.39 (except that annual capital and income accounts have been provided covering the period since the previous accounts were filed) and Rule

27.42 of the High Court Rules be dispensed with.

Harland J

Solicitors:

Lane Neave, Christchurch.

1      The spelling of the name in this quote has been corrected.