Kennedy v Kennedy

[2017] NZHC 2063

IN THE HIGH COURT OF NEW ZEALAND

TIMARU REGISTRY

CIV-2016-476-000012

[2017] NZHC 2063

UNDER

the Trustee Act 1956

IN THE MATTER

of a Vesting Order

BETWEEN

GRANT DAVID KENNEDY AND GARETH KYLE DAWSON

Plaintiffs

AND

JASON ROBERT KENNEDY

Defendant

Hearing:

(Determined on the papers)

Counsel:

C E Clifford for Plaintiffs

J R Kennedy (self-represented)

Judgment:

28 August 2017

JUDGMENT OF ASSOCIATE JUDGE OSBORNE

[1]                 On 27 October 2016, I gave judgment vesting a Timaru property in the plaintiffs (as continuing trustees) upon an admission filed by the defendant.1

[2]                 It transpires that counsel for the plaintiffs had provided in the evidence an out- of-date reference to the title to the property, which reference was incorporated in the judgment.

[3]                 The plaintiffs have now filed an additional affidavit of Alice Caird, a partner in the plaintiffs’ solicitor’s firm. Ms Caird exhibits a copy of the historical title, in which it is recorded that that title has been cancelled. Ms Caird explains that the

1      Kennedy v Kennedy [2016] NZHC 2564.

KENNEDY v KENNEDY [2017] NZHC 2063 [28 August 2017]

historical title was cancelled as a result of a subdivision. Ms Caird exhibits a search copy of the new title (Identifier 628710).

[4]                 I am satisfied that there was an accidental slip in the obtaining of the original order, whereby the relevant property was vested in the plaintiffs by reference to Certificate of Title CB 236/231. I am satisfied that the correct reference should have been Identifier 628710. It is accordingly an error covered by r 11.10(1) High Court Rules which may be corrected by the Court.

Order

[5]                 I order that the order made on 27 October 2016 be amended so that the order in paragraph [16](a) of the judgment now read:

The residential property situated at 51 Raymond Street, Timaru, being all that land contained in Identifier 628710, is vested in Grant David Kennedy and Gareth Kyle Dawson.

Associate Judge Osborne

Solicitors:

Timpany Walton, Timaru

Copy to:
Mr J R Kennedy