IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2021-404-603
[2021] NZHC 2184
UNDER Sections 124 and 133 of theTrusts Act 2019 and Part 18 of the High Court Rules 2016 IN THE MATTER OF
The Hugh Green Trust and the Hugh Green Property Trust
BETWEEN
CHRISTOPHER ROBERT DARLOW, DAVID HARDING RANDELL, JOHN
PATRICK GREEN, FRANCES KATHLEEN GREEN AND CATHERINE MAREE
GREEN as trustees of the Hugh Green Trust First PlaintiffsAND
CHRISTOPHER ROBERT DARLOW, DAVID HARDING RANDELL, JOHN
PATRICK GREEN, FRANCES KATHLEEN GREEN AND CATHERINE MAREE
GREEN as trustees of the Hugh Green Property Trust
Second Plaintiffs
Hearing: 12 July 2021 Appearances:
M D Arthur and T F Cleary for the Plaintiffs D J Chisholm QC for Moira Ellen Green
M D O’Brien QC, T P Mullins and A W McDonald for grandchildren via John Green and via Gerard Green
A H Waalkens QC for Eamonn Paul Green, (on instructions from P McKendrick and N J Cahill for Frances Kathleen Green and grandchildren via Frances Green)
S J Mills QC, T P Mullins and A W McDonald for the unknown, unborn and minor beneficiaries
R B Lange and J D Ryan for John Patrick Green A J Bell for Gerard Joseph Buckley Green
Judgment:
24 August 2021
Reissued:
9 September 2021
RE HUGH GREEN TRUSTS [2021] NZHC 2184 [24 August 2021]
JUDGMENT OF MUIR J
This judgment was delivered by me on Tuesday 24 August 2021 at 3.00 pm pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar Date:………………………….
This judgment was recalled and reissued on 9 September 2021 ( see Addendum)
Counsel/Solicitors:
Chapman Tripp, Auckland
D J Chisholm QC, Barrister, Auckland M D O’Brien QC, Barrister, Auckland Lee Salmon Long, Auckland
A H Waalkens QC, Auckland Glaister Ennor, Auckland
S J Mills QC, Auckland Simpson Grierson, Auckland McVeagh Fleming, Albany
Claymore Partners, Auckland
Introduction
[1] The spirit of philanthropy is no better demonstrated in New Zealand than by the Green family. From humble Irish immigrant beginnings, the late Hugh Green and his surviving wife Moira built a property development and investment empire of very substantial value, while remaining dedicated to supporting the community in which they lived on a “hand up not a hand out” basis.1 They instilled in their children and grandchildren the same personal and civic values. Their charitable vehicle, the Hugh Green Foundation (“the Foundation”), has made bequests in the tens of millions of dollars. Their daughter Maryanne has likewise established a charitable foundation, the Hugo Foundation, on which an additional $75 million was settled as part of a family agreement in 2017.
[2] Now Moira, the children (excluding Maryanne) and grandchildren (excluding Maryanne’s daughter Alice)2 join in an application to the Court which is likely to see some hundreds of millions of dollars which would otherwise devolve on family members pass to the Foundation. In so doing the family wishes to ensure that, for generations to come, the philanthropic legacy of Hugh and…
Continue reading Re Darlow
Sign in free to access the full text
- AGLC
- Re Darlow [2021] NZHC 2184
- Case
- [2021] NZHC 2184
- 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.