IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2019-404-1591
[2020] NZHC 3085
BETWEEN VERENA COLLEEN RYAN
Plaintiff
AND
STUART JAMES LOBB
Defendant
LOCKHART TRUSTEE SERVICES NO.56 LIMITED
Second Defendant
Hearing: On the papers (telephone conference 8 September 2020) Appearances:
WM Patterson for the Plaintiff Mr Lobb in person
Judgment:
20 November 2020
JUDGMENT OF ASSOCIATE JUDGE SMITH
This judgment was delivered by me on 20 November 2020 at 4pm pursuant to r 11.5 of the High Court Rules
Registrar/Deputy Registrar
Solicitors:
Patterson Hopkins, Auckland Alexandra Low & Associates, Auckland
McMahon Butterworth Thompson, Auckland
Copy to:
SJ Lobb
Ryan v Lobb [2020] NZHC 3085 [20 November 2020]
[1] Mr Lobb applies for an order dismissing Ms Ryan’s proceeding, in which she seeks a declaration as to the meaning of certain provisions of a deed of trust of which Mr Lobb and Ms Ryan are beneficiaries. He also applies for an order for the return to him of certain documents and records that he says are in Ms Ryan’s control.
[2] Mr Lobb and Ms Ryan were married on 8 January 2000. They have two children, aged 18 and 19. Mr Lobb and Ms Ryan separated in or about October 2016, and their marriage has since been dissolved.
[3] On 17 June 2005, Mr Lobb and Ms Ryan settled a trust called the Lothbury Trust (“the Trust”). Mr Lobb and Ms Ryan were the first two trustees, together with the Public Trust. The Public Trust retired in 2015, and Lockhart Trustee Services No.56 Limited (Lockhart) was appointed as the independent trustee in its place.
[4] The assets of the Trust include the former family home in Remuera (known as “Lothbury”) and certain antique furniture, jewellery and watches.
[5] The Trust Deed for the Trust (the Trust Deed) required that the Trust have at least two trustees or a trustee corporation at all times, and the trustees were required to act unanimously.
[6] Mr Lobb and Ms Ryan were the appointed protectors of the Trust. In that capacity, they had the power to appoint and remove trustees. That power was required to be exercised by them jointly and unanimously.
[7] The discretionary beneficiaries of the Trust are Mr Lobb and Ms Ryan, and their children. The children are also the final beneficiaries of the Trust.
[8] Mr Lobb and Ms Ryan have been parties to a variety of legal proceedings since their separation, both in the Family Court and in this Court. One of the proceedings is the present proceeding, which was commenced by Ms Ryan in August 2019. In her statement of claim in this proceeding, Ms Ryan seeks a declaration as to the true construction of a clause in the Trust Deed relating to the re-settlement of trust assets in the event of separation.
[9] Mr Lobb filed two lengthy documents in response to Ms Ryan’s statement of claim. One of them was a statement of defence, and the other was…
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