Guest v Warner

[2018] NZHC 1165

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI TERENGA PARĀOA ROHE

CIV 2015-488-0183

[2018] NZHC 1165

BETWEEN

JOANNE GUEST

First Plaintiff

GUEST TRUSTEE LIMITED
Second Plaintiff

MELISSA GUEST
Third Plaintiff

AND

JULIE ANNE WARNER

Defendant

Hearing:	[On the papers]
Counsel:	C Kelly and G R Mathieson for the Plaintiffs C M Webster and J C Waugh for the Defendant J C Ross for A N Guest
Judgment:	22 May 2018

SUPPLEMENTARY JUDGMENT OF JAGOSE J

This judgment is delivered by me on 22 May 2018 at 4.45pm pursuant to r 11.5 of the High Court Rules.

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Registrar / Deputy Registrar

Solicitors:

Greg Kelly Law Limited, Wellington (Plaintiff) G Mathieson, Wellington (Plaintiff)

Devonport Law Limited, Auckland (for Defendant) J R Ross, Barrister, Whangarei

GUEST v WARNER – Supplementary [2018] NZHC 1165 [22 May 2018]

[1]My judgment of 12 April 2018 decided at [40]:

I will appoint a new trustee in substitution for the present trustees of the M&A Family Trust, and vest the property described in North Auckland Land Registry identifiers NA15A/115, NA89/298, NA24D/1400, N[A]7D/73, and NA118B/835 in that new trustee,

the identity of whom I invited counsel to agree.

[2]Counsel have agreed, and I order by consent:

(a)Chris Darlow, or a trustee company to be incorporated by him (and to be wholly controlled by him as shareholder and director), is appointed the trustee of the Martin and Anne Guest Family Trust (the “trust”);

(b)the following funds pass to his or its sole control as trustee:

(i)trust account held at Hammonds; and

(ii)ASB account number 12-3098-0013005-00 in the name of the trust;

(c)any caveats over the land titles NA15A/115, NA89/298, NA24D/1400, NA7D/73, and NA118B/835 lapse;

(d)the land titles held by the trust’s former trustees, NA15A/115 (as to a 100% share), NA89/298 (as to a 50% share), NA/24D/1400 (as to a 25% share), NA7D/73 (as to a 25% share) and NA118B/835 (as to a 50% share), vest in the new trustee; and

(e)Mr Darlow may charge the trust for his attendances at his usual rate, and engage such accountants and legal counsel as required, with their costs being met by the trust.

—Jagose J