IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2023-485-100
[2023] NZHC 483
BETWEEN HARRY HAWTIN GIBBONS AND CATHERINE BEATRICE ALINGTON
First Applicants
PERPETUAL TRUST LIMITED
Second Applicant
AND
WILLIAM HILDEBRAND ALINGTON
Respondent
Hearing: On the papers Appearances:
A R Davie for the applicants
Judgment:
13 March 2023
JUDGMENT OF COOKE J
(Vesting property in new trustees)
[1] By interlocutory application without notice dated 27 February 2023 the applicants seek directions that these proceedings be brought under Part 19 of the High Court Rules 2016, and that the application be brought without notice to any other person.
[2] In addition the proposed originating application has been provided in which the applicants seek orders that they be appointed as trustees of the WH & MH Alington Family Trust (the Trust) in substitution for existing trustee, William Hildebrand Alington, and that the property at 30 Friend Street, Karori be vested in the first and second applicants. They also seek orders dispensing with service on the respondents and beneficiaries of the Trust, together with any other orders necessary or desirable for the proper administration of the Trust.
GIBBONS v ALINGTON [2023] NZHC 483 [13 March 2023]
[3] The applications are supported by an affidavits from each of the first applicants both sworn 20 February, together with a memorandum of counsel.
[4] The documents were referred to me as Duty Judge. By minute dated 3 March 2023 I directed that information be provided on the stance of Giles Arlington. He is the son of William Arlington, and holds his power of attorney. An affidavit dated 7 March 2023 outlining his support for the applications was filed as a consequence.
[5] Having considered what has been filed I consider that the matters can appropriately be dealt with on the papers. The matters should proceed under Part 19, and there is no need for the applications to be served on any other parties. The orders, the application and proposed draft application can be granted. These are my reasons.
The facts
[6] The facts are a little complicated as a number of steps were taken in the administration of this Trust in an imperfect, or imprecise way. But notwithstanding that complexity this is a straightforward matter where orders from the Court are appropriate to regularise the proper administration of the Trust.
[7] The Trust was settled in 1986 with William Alington, Margaret Alington and Shirley Murray as the original trustees. The Trust Deed required there to be a minimum of two trustees.
[8] The first applicants are the daughter of William and Margaret Alington, and Mr Gibbons, a long-standing friend of her father of some 22 years. Both were apparently appointed as replacement trustees in the circumstances referred to below, and both are willing to continue in that role. Margaret Alington passed away in 2022, and Shirley Murray also passed away in 2020. The point of the applications is to ensure that all of the applicants are validly…
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- Gibbons v Alington [2023] NZHC 483
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- [2023] NZHC 483
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