Powell v Rountree

[2016] NZHC 310

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2015-409-000474 [2016] NZHC 310

UNDER

the Trustee Act 1956

BETWEEN

JOHN WILLIAM POWELL AND CHARLOTTE TERESA GAVIN AS TRUSTEES OF THE BELFAST COMMUNITY TRUST

Plaintiffs

AND

MARK JAMES LEICESTER ROUNTREE AND HAYLEY KIM POWELL AS TRUSTEES OF THE BELFAST COMMUNITY TRUST Defendants

AND

ATTORNEY-GENERAL Interested Party

Hearing:	(Determined on the papers)
Counsel:	J Moss for Plaintiffs S M Grieve for Defendants K Muller and A Dixon for Attorney-General
Judgment:	29 February 2016

JUDGMENT OF DAVIDSON J (By Consent)

[1]      The plaintiffs and the defendants were trustees of the Belfast Community

Trust.

[2]      A lengthy background of dispute about trusteeship led to this litigation, which included an application for removal of trustees and appointment of an institutional

trustee.

POWELL & GAVIN AS TRUSTEES OF THE BELFAST COMMUNITY TRUST v ROUNTREE & POWELL AS TRUSTEES OF THE BELFAST COMMUNITY TRUST [2016] NZHC 310 [29 February 2016]

[3]      The Attorney-General, as protector of charities, was joined as an interested party.

[4]      Counsel have advised the Court that settlement in principle has been reached whereby Perpetual Guardian Trust will be appointed in place of the defendants, with the proceedings discontinued, and costs and disbursements fixed and paid. This course has been approved by the Attorney-General and counsel have referred the proposed settlement to the Court for approval under the Court’s supervisory jurisdiction over trusts and trustees.

Orders

[5]      The Court orders:

(1)Settlement is approved as recorded in counsel’s joint memorandum dated 23 February 2016 and filed on 24 February 2016.

(1)The Belfast Community Trust is to pay to the plaintiffs on account of costs and disbursements $8,768, and to the defendants on account of costs, $4,460.

(2)The Court file is to be closed upon the filing of a discontinuance by the plaintiffs, which should follow only when settlement has been executed in all respects, including appointment of the new trustee.

………………………………

Davidson J

Solicitors:

Symphony Law Ltd, Christchurch for the Plaintiffs

Jai Moss, Barrister, Christchurch for the Defendants

Crown Law, Wellington for the Attorney-General