IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
CIV 2012-485-1772 [2012] NZHC 2422
UNDER The Trustee Act 1956
IN THE MATTER OF The Jaspers Family Trust
BETWEEN ALISTAIR CHARLES GEORGE JASPERS
Applicant
ANDJOHN PAUL GREENWOOD First Respondent
ANDMALCOLM FREDERICK THOMAS JASPERS
Second Respondent
Hearing: 13 September 2012
Counsel: R C Laurenson for Applicant
P S J Withnall for First Respondent
G L Turkington for Second Respondent
Judgment: 19 September 2012
JUDGMENT OF THE HON JUSTICE KÓS
[1] In the pleasant uplands north of the settlement of Martinborough are two farms, Tawaha and The Cutting. For the last 35 years or so they have been farmed by Mr Thomas Jaspers. In more recent years one of his sons, Mr Malcolm Jaspers, has farmed with him. The two farms have been run as a single block.
[2] The farms are owned by the Jaspers Family Trust. The beneficiaries of the trust are Mr Thomas Jaspers’ sons Malcolm (born 1970) and Alastair (born 1971).
JASPERS v GREENWOOD & JASPERS HC WN CIV 2012-485-1772 [19 September 2012]
Now Mr Thomas Jaspers has become infirm. He can no longer farm. Nor could he continue to act as a trustee.
A dispute
[3] Mr Thomas Jaspers and his fellow trustee, a Mr Bourke, applied to the Court under s 66 of the Trustee Act 1956 (the Act) for directions as to early distribution of the trust to Malcolm and Alastair. The then trustees could not agree amongst themselves as to how the property should be distributed. Nor could the two beneficiaries, the brothers, agree. Mr Thomas Jaspers, it seems, wished some sort of preference over both farms in favour of Malcolm. The other trustee, Mr Bourke, favoured a split with Tawaha (worth perhaps $5 million) going to Malcolm and The Cutting (worth perhaps $3 million) to Alastair. There was also disagreement as to what action should be taken to even out the distribution in favour of Alastair.
[4] Other related proceedings followed. There was an application to remove the trustees. An application by Malcolm to restrain Alastair’s access to the farm property. An application by Alastair regarding the farm partnership between the brothers. And an application by Alastair claiming that the s 66 application had triggered certain provisions of the trust deed.
A settlement
[5] A three day hearing was allocated, before Simon France J, starting on 23
April 2012. But the parties reached settlement on the second day.
[6] The settlement covered all proceedings. Consent orders were made by Simon
France J on 24 April 2012 in these terms:
By consent, and pursuant to s 66 of the Trustee Act 1956, I order:
1. The properties referred to in the above proceedings known as “Tawaha”
and “The Cutting” are to be sold forthwith.
2. John Greenwood, Solicitor, Wellington be appointed as Trustee of the Jaspers Family Trust, to replace the existing Trustees for the purposes of the sale and distribution of the Trust assets.
3. Following the sale of the Trust assets, the net…
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- Jaspers v Greenwood [2012] NZHC 2422
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- [2012] NZHC 2422
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