IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2019-404-2078
CIV-2019-404-2566 [2020] NZHC 3066
IN THE MATTER Of the Valerie Geard Trust BETWEEN
PAULINE JANICE HARRISON
Plaintiff
AND
ADRIENNE HARRISON and GRAEME
ROSS HARRISON as trustees of the Valerie Geard Trust
Defendants
Hearing: 30 July 2020 Appearances:
A J Harrison as litigation guardian for the plaintiff in both proceedings
P M Webb for the first defendants in CIV-2019-404-2566 and defendants in CIV-2019-404-2078
M Carlson for the second defendant in 2566 The third defendant in 2566 in person
R A Rose for the fourth defendant in 2566
S C P Gollin and H M Jacques for the fifth defendants in 2566Judgment:
19 November 2020
JUDGMENT OF POWELL J
This judgment was delivered by me on 19 November 2020 at 4 pm pursuant to R 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
HARRISON v HARRISON [2020] NZHC 3066 [19 November 2020].
CIV-2019-404-2566
BETWEEN PAULINE JANICE HARRISON
Plaintiff
ANDADRIENNE HARRISON and GRAEME ROSS HARRISON as
trustees of the Valerie Geard Trust
AND NICHOLAS HAMILTON BIRDSEY
Second Defendant
RAYMOND OWEN PARMENTER
Third Defendant
CHILDFUND NEW ZEALAND LIMITED
Fourth Defendant
ASB BANK LIMITED
Fifth Defendant
[1] This judgment deals with a number of interlocutory applications in relation to two proceedings brought by the plaintiff, Pauline Harrison:
(a) CIV-2019-404-2078 (“the 2078 proceedings”); and
(b) CIV-2019-404-002566 (“the 2566 proceedings”).
[2] In the 2078 proceedings Ms Harrison seeks a range of relief against Adrienne Harrison and Graeme Ross Harrison as trustees of the Valerie Geard Trust (“the trustees”). The trustees are also the first defendants in the 2566 proceedings. The other defendants in the 2566 proceedings are:
(a)Nicholas Birdsey (the second defendant) a conveyancing solicitor who has acted for the trustees;
(b)Raymond Parmenter (the third defendant), a barrister who previously acted for the trustees in respect of a number of proceedings brought by Ms Harrison;
(c)ChildFund NZ Ltd (“ChildFund”)(the fourth defendant), a discretionary beneficiary of the Valerie Geard Trust; and
(d)the ASB Bank (“ASB”) (the fifth defendant).
[3] In the 2078 proceedings Ms Harrison contends that the Valerie Geard Trust was wound up by operation of law on or about 14 December 2009 and at that point the Trust assets automatically vested in the final beneficiaries, including Ms Harrison, in equal shares as tenants in common. Ms Harrison claims that the trustees have fraudulently breached the terms of the Valerie Geard Trust trust deed and therefore seeks a “full and complete trust accounting with supporting evidence”, “compensatory restitution by [the trustees] in their personal capacity to restore the plaintiffs equal share of beneficial entitlement lost by their breaches of trusts” and “compensatory monetary damages to the sum of $100,000 for severe punitive detriment”.
[4] In contrast, in the 2566 proceedings Ms Harrison alleges that each of the defendants has acted “in wilful reckless defiance” of a November 2015 judgment issued by Faire J on an application by the trustees seeking approval to vest the assets of…
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- Harrison v Harrison [2020] NZHC 3066
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- [2020] NZHC 3066
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