Teuwissen v Kooij

[2020] NZHC 2402

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2020-485-340

[2020] NZHC 2402

BETWEEN

YVONNE TEUWISSEN

Plaintiff

AND

ANTOON KOOIJ,

GYW TRUSTEES NO. 7 LIMITED and
YVONNE TEUWISSEN as trustees of the Mayflower Trust

Defendants

Hearing:

15 September 2020

Appearances:

P Paino for Yvonne Teuwissen

No appearance by or for Antoon Kooij
R Laurenson for GYW Trustees No. 7 Ltd

Judgment:

17 September 2020

JUDGMENT OF ASSOCIATE JUDGE JOHNSTON

[1]        In this proceeding the plaintiff seeks summary judgment in relation to what is effectively relationship property following the break-up of a marriage.

[2]        The only complicating element of the case is that the parties’ former matrimonial home was owned by the trustees of a trust. The property has been sold and the trustees of the Mayflower Trust are holding the proceeds. The trustees are the parties to the marriage and the independent trustee, GYW Trustees No. 7 Ltd being a trustee company of Gillespie Young Watson.

[3]        The Mayflower Trust trust deed provided that in the event of the parties’ separation the assets of the trust would be resettled on two new trusts, one to be settled at the instigation of each of the parties.

TEUWISSEN v KOOIJ, [2020] NZHC 2402 [17 September 2020]

[4]        Mr Laurenson, although he did not appear for Mr Kooij, drew my attention to the fact that in correspondence Mr Kooij has been resistant to the distribution of the trust fund at this stage because, he says, it is the subject of a dispute in another jurisdiction. It was open to Mr Kooij to enter an appearance in this proceeding and oppose the distribution of the funds. He has elected not to do so. On that basis, the plaintiff is entitled to the judgment she seeks.

[5]        It is unnecessary to go into any further detail. Having discussed the matter with counsel, I enter judgment for the plaintiff in the following terms, all of which appear to me to be consistent with the terms of the trust deed:

(a)the reasonable costs and expenses of GYW Trustees No. 7 Ltd are first to be paid out of the trust fund;

(b)the residue of the trust fund after the payment referred to in (a) is to be divided in half and one half is to be paid to the new trust settled by the plaintiff;

(c)the plaintiff is to have her reasonable costs and disbursements in the sum of $11,349.50, which are to be paid from the residue of the trust fund after the payment out referred to in (b) above.

[6]        For the avoidance of doubt I record that the Court’s expectation is that when the orders in this judgment are implemented the plaintiff will resign or be removed as Appointor, Trustee and Beneficiary of the Mayflower Trust,  so as  to  ensure that  Mr Kooij can, with the independent trustee, arrange for whatever funds remain in the trust to be paid to the new trust settled by him, and the Mayflower Trust can be wound up.

[7]        At the request of Mr Paino and Mr Laurenson I reserve to the parties leave to come back to the Court for further directions if there are any difficulties associated with the implementation of the above order.

Associate Judge Johnston

Solicitors:

Paino & Robinson, Upper Hutt for Yvonne Teuwissen

Gillespie Young Watson, Lower Hutt for GYW Trustees No. 7 Ltd