Harrison v Harrison

[2015] NZHC 2561

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-1442 [2015] NZHC 2561

IN THE MATTER

of the Valerie Geard Waiheke Trust

IN THE MATTER

of the determination of a question arising in the administration of a trust, the determination of which is necessary or desirable to protect the trustees under

r 18.1(a)(ix) High Court Rules

BETWEEN

GRAEME ROSS HARRISON and ADRIENNE HARRISON Plaintiffs

AND

PAULINE JANICE HARRISON First Defendant

ANGELA JANICE HARRISON Second Defendant

CHILDFUND NEW ZEALAND LIMITED

Third Defendant

Hearing:

19 October 2015

Counsel:

Appearances:

RO Parmenter for plaintiffs
G Slevin for Official Assignee
RA Rose for third defendant

PJ Harrison and AJ Harrison, first and second defendants, in person

Judgment:

19 October 2015

(ORAL) JUDGMENT OF FAIRE J

Harrison v Harrison [2015] NZHC 2561 [19 October 2015]

[1]      A without notice application was filed by the first defendant on 12 October

2015.  The substance of that application is that orders are sought pursuant to s 119(2)

of the Insolvency Act 2006.

[2]      The  application  is  necessary because  the  first  defendant  was  adjudicated bankrupt on 24 February 2015.   The Official Assignee had, on 12 August 2015, disclaimed all rights in the proceeding which I am now called upon to determine.

[3]      The effect of the disclaimer, however, goes further than simply disclaiming an interest in the proceeding.  It effectively disclaims an interest in two trusts – being the Valerie Geard Trust, dated 18 October 2005, and the Valerie Geard Waiheke Trust, dated 8 February 2010.

[4]      I directed that a copy of the application be sent to counsel, including counsel for the Official Assignee.  All counsel, including counsel for the Official Assignee and the first and second defendants, consent to the orders that are sought by the first defendant.  Accordingly, I make orders pursuant to s 119(2) of the Insolvency Act

2006 that the interests of the first defendant in the trusts known as the Valerie Geard

Trust and the Valerie Geard Waiheke Trust of the first defendant vest in her.

JA Faire J

Solicitors:           Birdsey & Associates, Auckland

New Zealand Insolvency and Trustees, Christchurch
Bell Gully, Auckland

Copies to:           PJ Harrison

AJ Harrison