| IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA |
| CA266/2018 [2019] NZCA 372 |
| BETWEEN | ROSS RONAYNE REID |
| AND | BARRY ROSS LAURENCE CASTLETON-REID |
| Hearing: | 2 July 2019 |
Court: | Courtney, Venning and Dunningham JJ |
Counsel: | S L Abdale for Appellant |
Judgment: | 20 August 2019 at 10 am |
JUDGMENT OF THE COURT
AThe appeal is allowed and the judgment and costs order in Mr Castleton‑Reid’s favour is set aside.
BThe case is remitted to the High Court for a hearing to determine the parties’ respective interests in the balance of the money from the Trading Account.
CThe respondent is to pay costs for a standard appeal on a Band A basis with usual disbursements.
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REASONS OF THE COURT
(Given by Venning J)
The appellant, Ross Ronayne Reid, and the respondent, Barry Ross Laurence Castleton-Reid, are father and son.
In 2009 Mr Reid deposited $1,700,000 into a share trading account in Mr Castleton-Reid’s name. Mr Reid then traded the account until May 2010 when Mr Castleton-Reid closed it and terminated his access to it.
Mr Reid brought proceedings in the High Court seeking to recover the money from the share trading account.
In a judgment delivered on 24 April 2018 Gordon J dismissed his claim.[1] The Judge held that Mr Reid had gifted the $1,700,000 to Mr Castleton-Reid.
Background
Mr Reid is now 97 years old. He has had mixed success in his financial endeavours over the course of his life. He and his brother Emslie established a successful building business, Reidbuilt Homes Ltd, which they sold to Fletchers in 1984 for $1 million.
Mr Reid’s business ventures since then have not been as successful. More recently he has been bankrupted twice, in August 1999 and May 2003. He says that he now has no assets. His sole income is his superannuation and he has two substantial debts: the balance of a Customs fine of approximately $25,000 and a credit card debt.
Following the sale of the building business Mr Reid and his brother established a family trust, the Hallmark Trust in 1986. The beneficiaries were the brothers’ wives, children and grandchildren. Mr Reid was neither a trustee nor a beneficiary of the Hallmark Trust.
In June 2007 a capital distribution of $1,806,039 was made to Mr Reid’s wife, Esme, from the Trust.[2] The money ultimately found its way into a succession of joint accounts in Mr and Mrs Reid’s names. Mr and Mrs Reid spent the money jointly and in ways for the benefit of each of them. At the time of Mrs Reid’s death on 22 November 2018, there was $1,750,000 on term deposit with Kiwibank in their joint names. On Mrs Reid’s death, the money in the account became Mr Reid’s by right of survivorship. None of it formed part of Mrs Reid’s estate.[3]
[2]At [59].
[3]At [66].
At the time of Mrs Reid’s death, she and Mr Reid…
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- AGLC
- Reid v Castleton-Reid [2019] NZCA 372
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- [2019] NZCA 372
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