Paleae v Paleae

[2017] NZHC 2043

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2017-404-000193 [2017] NZHC 2043

UNDER

the Trustee Act 1956

BETWEEN

TINA KRISTINA PALEAE AND ANATASIA SIAUINI AS TRUSTEES OF THE PALEAE NUMBER 2 FAMILY TRUST

Plaintiffs

AND

MOANA PALEAE, TIANA PALEAE, IOANE PALEAE AND TINA PALEAE AS TRUSTEES OF THE PALEAE FAMILY TRUST

Defendants

Hearing:	On the papers
Judgment:	25 August 2017

FINAL JUDGMENT OF WYLIE J

This judgment was delivered by Justice Wylie

On 25 August 2017 at 11.30am Pursuant to r 11.5 of the High Court Rules Registrar/Deputy Registrar

Date:…………………………

Solicitors:

Woodroffe Lawyers, Auckland

PALEAE v PALEAE [2017] NZHC 2043 [25 August 2017]

[1]      Further to my interim judgment of 22 August 2017, the Registrar has received a memorandum from Ms Woodroffe, on behalf of the plaintiffs.   Ms Woodroffe advised that a meeting of the Paleae family was held on 24 August last, and that the family agreed to appoint Lole Paleae and Iese Tupu Paleae as additional trustees of the Paleae Family Trust.

[2]      Both Lole and Iese are children of Mr and Mrs Paleae senior.   They are Kristina and Ann’s siblings.   Both are New Zealand citizens, and Ms Woodroffe advises that she has been instructed that neither has any credit issues that could affect lending to the trust.  Both are in employment and copies of letters confirming that have been made available.

[3]      Counsel has also filed consents from both Lole and Iese, consenting to act as trustees of the trust, and undertaking to administer the trust in accordance with their duties as trustees.

[4]      This gets over the difficulty noted by me in paragraph [30] of my interim judgment.

[5]      Accordingly, I order that Tina Kristina Paleae, Anatasia Siauini, Lole Paleae and Iese Tupu Paleae be appointed as trustees of the Paleae Family Trust, in substitution for the existing trustees –Moana Paleae, Tiana Paleae, Ioane Paleae and Tina Paleae.

[6]      I also order that the plaintiffs are entitled to recover their costs calculated on a

2B basis and their reasonable disbursements from the assets of the Paleae Family

Trust.  In the event that there is any difficulty in calculating costs or disbursements, the issue is to be referred to the Registrar.

Wylie J