IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2015-404-003009
[2018] NZHC 782
BETWEEN ROSS RONAYNE REID
Plaintiff
AND
BARRY ROSS LAURENCE CASTLETON- REID
Defendant
Hearing: 12-15 and 22 February 2017 Appearances:
S Abdale for the Plaintiff
M J Matthew for the Defendant
Judgment
24 April 2018
JUDGMENT OF GORDON J
This judgment was delivered by me on 24 April 2018 at 3.00 pm, pursuant to
r 11.5 of the High Court Rules
Registrar/Deputy Registrar Date:
Solicitors: Clive Gardner Law, Tauranga
Rennie Cox, Auckland
Counsel: S Abdale, Auckland
REID v CASTLETON-REID [2018] NZHC 782 [24 April 2018]
Introduction
[1] The plaintiff, Ross Reid, is the father of the defendant, Barry Castleton-Reid. Mr Reid seeks various equitable remedies against Mr Castleton-Reid in relation to
$1,700,000 which Mr Reid deposited into a share trading account in Mr Castleton-Reid’s name in 2009. Mr Reid says that the agreement with his son was that Mr Castleton-Reid was simply to be the nominee owner of shares purchased with the $1,700,000.
[2]Mr Castleton-Reid, on the other hand, says that his father gifted him the money.
[3] The statement of claim contains three causes of action, namely breach of fiduciary duty, breach of trust and restitution.
[4] As well as disputing his father’s claim, Mr Castleton-Reid pleads three affirmative defences, namely abuse of process, estoppel and change of position.
The main issue
[5] The main issue arises from a discussion between father and son in March 2009 which resulted in Mr Castleton-Reid opening a share trading account with ABN AMRO Craigs Ltd (Craigs). The key considerations in this case are the terms on which Mr Reid paid the money into the share trading account; and whether Mr Reid’s share trading activities through Craigs, again in the name of Mr Castleton-Reid, were for the benefit of Mr Castleton-Reid, or whether Mr Reid retained the beneficial interest in the money and the proceeds of investments.
[6]All causes of action depend on a determination of these issues.
[7] There is a preliminary issue, namely the character of the $1,700,000 before Mr Reid deposited it into the share trading account in his son’s name. I will address that issue after setting out the overall background.
Background
Mrs Reid’s will
[8] Mr Castleton-Reid was the principal beneficiary under his mother’s will and codicil to that will dated 1 October 2002 and 3 November 2008 respectively. Mr Castleton-Reid’s mother, Esme Reid, died on 22 November 2008. Probate was granted on 30 June 2009 and Mr Reid was the executor. He did not benefit under his wife’s will.
[9] Under the will, Mr Castleton-Reid’s sister, Dee-Ann Castleton-Reid,1 received furniture, books, jewellery and other chattels, as well as the right to live in the principal residence owned by Mrs Reid at the date of her death. In the event that Dee-Ann did not wish to live in that residence, it was then to be conveyed to Mr Castleton-Reid.
[10] The principal residence was the family home…
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- AGLC
- Reid v Castleton-Reid [2018] NZHC 782
- Case
- [2018] NZHC 782
- Decision Date
CaseChat Overview and Summary
The court found that Mr Reid had not established that there was an agreement for his son to act as a nominee, and that all the money deposited into the share trading account was intended to be a gift to Mr Castleton-Reid. The court based this finding on the evidence presented, including Mr Reid’s inconsistent statements, his tendency to make untrue statements, and the lack of evidence to support his claim that his son was merely acting as a nominee.
As a result, all three causes of action brought by Mr Reid – breach of fiduciary duty, breach of trust, and restitution – failed. The court dismissed Mr Reid’s claims and entered judgment in favour of Mr Castleton-Reid. The court also awarded costs to Mr Castleton-Reid and encouraged the parties to agree on the costs.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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