Maka v Toailoa

In the matter of Maka v Toailoa, the Supreme Court of New Zealand was tasked with deciding on two applications for leave to appeal, which were brought by the trustees of the Samoan Independent Seventh Day Adventist Property Trust and the Samoan Independent Seventh Day Adventist Church against various respondents, including former and current church members. The central dispute revolved around the costs associated with a litigation brought by three individual respondents against the church and its property trust. The applicants argued that the Court of Appeal had erred in upholding the orders that required the trust to pay the litigation costs of the respondents.

The court was required to determine whether the Court of Appeal's decision to uphold the Beddoe orders and prospective costs orders was correct. The applicants contested the standing of the respondents to seek such orders and argued that the preservation orders were excessive and causing financial distress. They also contended that the orders were not in the best interests of the trusts. The Attorney-General supported the orders made by the lower courts, asserting that they were appropriate.

The Supreme Court found that the Court of Appeal's decision to uphold the orders was correct. The Court of Appeal had held that the individual respondents had standing to apply for the orders, as one was a former trustee and the others were members of the trust board. The Court of Appeal had also concluded that the proceeding was reasonable and appropriate, and in the best interests of the trusts. The Supreme Court agreed, noting that the contention that the proceeding was not in the best interests of the trusts had insufficient prospects of success on the facts to justify leave to appeal. The court also observed that the High Court would maintain ongoing oversight of costs as they were incurred.

The applications for leave to appeal were dismissed. The applicants were ordered to pay the first to third respondents one set of costs of $2,500. The Attorney-General did not seek costs.