IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2022-404-000053
[2022] NZHC 3344
BETWEEN JOCELYN ANNE NIVEN
First Plaintiff/First Applicant
LYNETTE RUTH NIVEN
Second Plaintiff/Second ApplicantAND
ERON HOLDINGS LTD and RINGWOOD
TRUSTEES LTD as trustees of a trust known as the Hobson Trust Defendants/Respondents
Hearing: 24 November 2022 Appearances:
T Nelson for First Plaintiff R A Rose for Defendants
Judgment:
12 December 2022
JUDGMENT OF VENNING J PROSPECTIVE COSTS ORDER
This judgment was delivered by me on 12 December 2022 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors: DK Law Ltd, Auckland
TGT Legal, Auckland
Counsel:R A Rose, Auckland T Nelson, Auckland
Copy to: Lynette Niven
NIVEN v ERON HOLDINGS LTD [2022] NZHC 3344 [12 December 2022]
Introduction
[1] Jocelyn Niven and Lynette Niven seek a prospective costs order (PCO) in their favour in relation to three questions they propose to seek answers on from the Court.1 They say the questions relate to issues concerning the administration of the Hobson Trust (the Trust). The application is opposed by the defendants, Eron Holdings Limited and Ringwood Trustees Limited, the current trustees of the Trust.
[2] Jocelyn and Lynette are two of the five children of the late Ronald (Ron) Niven and Euphemia Ruth Niven (Ruth Niven). The other three children are their brothers, David, Gary, and Michael. All are beneficiaries of the Trust as were Ronald and Ruth Niven. The other beneficiaries include the siblings’ spouses, their children, (and their spouses) and any charity.
The Hobson Trust
[3] The Trust was established on 28 March 1984. The named settlor was Euphemia McLeod Lambourne, Ruth’s mother. The original trustees were Ron and Gordon Watson. Mr Watson resigned in May 2003.
[4] Ron remained as a trustee and on or about 23 June 2010 he appointed Eron Holdings Limited, a company he incorporated for the purpose, as an additional trustee.
[5] Ron died on 10 April 2020. In his will he left each of the five children 20 of the 100 shares in Eron Holdings Limited. At present the shares are held in his estate by his executors. An independent trustee company, Ringwood Trustees Holdings Limited (of which Christopher Darlow is the sole director and shareholder) was appointed as second trustee in June 2021.
[6] During Ron’s life, and after Mr Watson’s resignation as trustee, from time to time Ron exercised a power of appointment to appoint advisory and other trustees to the Trust. At other times he failed to exercise the power and carried on the business of the Trust as sole trustee (despite the requirement for two trustees).
1 The particular order sought is a PCO entitling them, at the expense of the Trust, to apply to the Court for declarations as to the three questions.
[7]The Trust’s assets are worth somewhere in the region of $25 to $30 million.
The three questions
[8] Jocelyn and Lynette have identified three questions which…
Keep reading for free
Create a free CaseChat account to read Niven v Eron Holdings Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2022] NZHC 3344
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.