Little v Little

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-2421 [2014] NZHC 2714

IN THE MATTER of the Trustee Act 1956

BETWEEN

DEIDRE ANN LITTLE Plaintiff

AND

JOHN LAWSON LITTLE Defendant

Hearing: 30 September 2014

Appearances:

K E Swadling for Plaintiff
A D Marsh for Defendant

Judgment:

3 November 2014

RESULTS JUDGMENT OF PETERS J

This judgment was delivered by Justice Peters on 3 November 2014 at 10 am pursuant to r 11.5 of the High Court Rules

Registrar/Deputy Registrar
Date: ...................................

Solicitors: Carson Fox Bradley Limited, Auckland
Saunders Robinson Brown, Christchurch

Counsel: K E Swadling, Auckland

LITTLE v LITTLE [2014] NZHC 2714 [3 November 2014]

[1] This is a results judgment. Reasons for judgment will follow.

[2] I make an order removing each of the Plaintiff and Defendant as trustee of the

Woodside Trust (“Trust”).

[3] In their place, and pursuant to clause 15 of the Deed of Trust dated 20 May

2002 establishing the Trust, and having read the affidavit of Shane Francis Hussey sworn 29 October 2014, I appoint Howick Trustee DL Limited as sole trustee of the Trust.

..................................................................

M Peters J

CaseChat Overview and Summary

In the High Court of New Zealand, Auckland Registry, Deidra Ann Little, the plaintiff, filed an action against John Lawson Little, the defendant, to remove him as a trustee of the Woodside Trust, established under a Deed of Trust dated 20 May 2002. The court heard the matter on 30 September 2014, with K E Swadling appearing for the plaintiff and A D Marsh for the defendant. Justice Peters delivered the judgment on 3 November 2014.

The central legal issue in this case was whether the defendant, John Lawson Little, should be removed from his position as a trustee of the Woodside Trust. The plaintiff, Deidra Ann Little, argued that the defendant's removal was necessary under the terms of the Deed of Trust. The court had to consider the terms of the Deed of Trust and whether there were grounds for removing the defendant from his trusteeship role.

Justice Peters, in his judgment, found that the defendant's removal from the trusteeship was warranted under clause 15 of the Deed of Trust. The court also appointed Howick Trustee DL Limited as the new sole trustee of the Trust. Consequently, Justice Peters ordered that both the plaintiff and the defendant be removed from their positions as trustees of the Woodside Trust.

The final orders of the court included the removal of both the plaintiff and the defendant as trustees of the Woodside Trust, and the appointment of Howick Trustee DL Limited as the sole trustee of the Trust, in accordance with clause 15 of the Deed of Trust.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

IN THE MATTER	of the Trustee Act 1956
BETWEEN	DEIDRE ANN LITTLE Plaintiff
AND	JOHN LAWSON LITTLE Defendant

Hearing:	30 September 2014
Appearances:	K E Swadling for Plaintiff A D Marsh for Defendant
Judgment:	3 November 2014