Hall v Wilson

[2020] NZHC 2778

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2018-020-487

[2020] NZHC 2778

BETWEEN

STEPHANIE JEAN HALL

Applicant

AND

JONATHAN PATRICK WILSON

First Respondent

AND

JONATHAN PATRICK WILSON and

EWEN PATRICK WILSON, as trustees of the Jonathan Wilson Trust

Second Respondents

Hearing:

21 October 2020

Appearances:

D C Calder for the Applicant

M J Casey and M J Inwood for the Respondents

Judgment:

22 October 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

(as to Tomlin Order)

This judgment was delivered by me on 22 October 2020 at 2.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 22 October 2020

HALL v WILSON [2020] NZHC 2778 [22 October 2020]

[1]    In this proceeding, the applicant claims against the first respondent under the Property (Relationships) Act 1976 and brings  a  constructive  trust  claim  against the second respondent trustees. The claims were originally filed in the Family/District Court (CIV-2019-020-004) and transferred to this Court.

[2]    The parties attended a Judicial Settlement Conference on 21 October 2020 at which a settlement was reached.

[3]    The parties have agreed on the terms of a Tomlin Order and have submitted it to the Court for approval.

[4]By consent, I order:

(a)The parties, having agreed to the terms set forth in the attached Schedule, it is ordered that all further proceedings in this action be stayed, except for the purpose of carrying such terms into effect.

(b)Leave is granted to the parties to apply for such further orders as may be necessary to carry those terms into effect.

Associate Judge Lester

SCHEDULE