IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2017-404-424
[2018] NZHC 1884
BETWEEN DEIDRE ANN LITTLE
First Plaintiff
JOHN LAWSON LITTLE
Second PlaintiffAND
HOWICK TRUSTEE DL LTD AS
TRUSTEE OF THE WOODSIDE TRUST
Defendant
Hearing: 9, 10, 11 and 12 April 2018 Appearances:
First Plaintiff in person
P J Dale for Second Plaintiff (watching brief only) Z A Matheson for Defendant
Judgment:
27 July 2018
Reissued:
31 July 2018
JUDGMENT OF BREWER J
This judgment was delivered by me on 27 July 2018 at 4:30 pm pursuant to Rule 11.5 High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Neilsons Lawyers (Onehunga) for Second Plaintiff Claymore Partners Ltd (Auckland) for Defendant
LITTLE v HOWICK TRUSTEE DL LTD AS TRUSTEE OF THE WOODSIDE TRUST [2018] NZHC 1884 [27
July 2018]
Introduction
[1] Mr and Mrs Little established Woodside Trust (“the Trust”) in 2002, shortly after their marriage. They were the trustees when they separated in 2013. At that time, in their capacities as trustees, they owned or controlled three major assets:
(a)A residential property at 7 Woodside Crescent, St Heliers, Auckland. This was used as the family home;
(b)A commercial property in Marua Road, Ellerslie, Auckland;
(c)A company, Prince & Princess Ltd (“PPL”), which imported and sold children’s products.
[2] The beneficiaries of the Trust are Mr Little and Mrs Little, and their teenage son, Oscar. Mr and Mrs Little are discretionary beneficiaries. Oscar is also a discretionary beneficiary and he is currently the sole final beneficiary.
[3] Mr and Mrs Little are bitterly estranged. They have been unable to work together or even to co-operate where reasonable co-operation would have been in their interests and those of Oscar. As I will come to, this bitter estrangement provides the hostile animus for Mrs Little to bring this wholly unnecessary proceeding.
[4] In 2014, Mrs Little applied to have Mr Little removed as a trustee of the Trust. Instead, Peters J removed both Mr Little and Mrs Little.1 In their place, Peters J appointed the defendant, Howick Trustee DL Ltd, as sole trustee. The sole director and shareholder of the defendant is Mr Hussey and for convenience I will refer to him as the trustee of the Trust.
[5]Mr Hussey had a difficult task. I accept the following description as accurate:2
(a)The trust was financially distressed: two properties (including 7 Woodside Crescent) were in arrears on their mortgages. There was an extensive history of missed mortgage payments and Westpac wanted the properties sold or refinanced with another bank.
1 Little v Little [2014] NZHC 3159.
2 Defendant’s list of issues, dated 9 April 2018.
(b)The relationship between Mr Little and Mrs Little was highly acrimonious. Mrs Little made serious accusations against Mr Little in respect of his actions while he was a trustee and urged the trustee to issue court proceedings against Mr Little and/or make deductions from Mr Little’s entitlements in Mrs Little’s favour. Mr Little would not be on the business…
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- [2018] NZHC 1884
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