Hooper v Surch

[2021] NZHC 1124

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CIV-2021-409-76

[2021] NZHC 1124

UNDER

Section 112 of the Trusts Act 2019

IN THE MATTER

of ZURICH OAK TRUST

BETWEEN

CORRINA JOANNE HOOPER

Applicant

AND

TROY ADAM SURCH and DALE

ANTHONY WADSWORTH as trustees of the Zurich Oak Trust

Respondents

Hearing:	(Determined on the papers)
Counsel:	V A Nichols for the Applicant
Judgment:	19 May 2021

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 19 May 2021 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 19 May 2021

HOOPER v SURCH [2021] NZHC 1124 [19 May 2021]

[1]                 The background to this judgment is contained in an earlier judgment of mine dated 19 March 2021, granting leave to the applicant, Ms Hooper, to commence this proceeding by way of an originating application.1

[2]                 Ms Hooper has now applied for an order for substituted service in relation to the one of the respondents, Troy Adam Surch.

[3]                 I am satisfied, having regard to the evidence of the process server instructed in Auckland, that reasonable efforts have  been  made  to  serve  the  proceedings  on Mr Surch and cannot otherwise be promptly served.

[4]                 I am further satisfied that the following directions which I make represent the method of service likely to bring the documents to the attention of Mr Surch.

Orders

[5]I direct that:

(1)personal service of the covering letter from Saunders & Co dated     22 March 2021, originating application for removal of trustee dated 12 March 2021, affidavit of C J Hooper sworn 12 March 2021, Judgment of Associate Judge Lester dated 19 March 2021, and a copy of this Judgment along with the sealed order for substituted service (the Documents) is dispensed with;

(2)service on Mr Surch will be deemed to be effected upon the completion of the following steps:

(a)the documents are to be emailed to the address set out at para 2 of the affidavit of Ms Davison;

(b)the documents are to be posted to the address given at para 1.1 of the application for substituted service;

1      Re Hooper [2021] NZHC 576.

(c)the documents are also to be emailed to the email addresses referred to at para 5.3  of the affidavit of Ms Walters  sworn    3 May 2021, with the subject line to be marked “Private and Confidential for the attention of Mr Troy Surch”; and

(3)the Documents will be treated as served three working days after the completion of the above steps.

[6]                 Costs are fixed on a 2B basis and are, with disbursements, to be costs in the cause.

Associate Judge Lester

Solicitors:

Saunders & Co, Christchurch