Thomson v Thomson
[2018] NZHC 2861
•5 November 2018
IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY
I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE
CIV-2018-409-000519 [2018] NZHC 2861
UNDER the Trustee Act 1956 IN THE MATTER
of the Helen Thomson Family Trust and
J R & H J Thomson Family TrustBETWEEN
RICHARD CHARLES ARTHUR THOMSON, JOANNA CHARLOTTE LUCY WILKSHIRE and JOHN RICHARD THOMSON
Applicants
AND
HELEN JANET THOMSON Respondent
Hearing: On the papers Appearances:
S B Hetherington for Applicants
Judgment:
5 November 2018
JUDGMENT OF DUNNINGHAM J
[1] On 12 September 2018, I made a range of orders to remove a trustee, Mrs Thomson, and to appoint a replacement trustee to certain family trusts and to make consequent orders re-vesting trust property in the new trustees.
[2] Counsel have now filed a memorandum requesting correction of the judgment and orders pursuant to r 11.10 of the High Court Rules 2016.
[3] Counsel have explained that the wrong half share of the property at
1A Wai-Iti Terrace (Lot 2 DP 300960 Certificate of Title 4417) was re-vested pursuant to the orders, and seek a correction of that.
WILKSHIRE v THOMSON [2018] NZHC 2861 [5 November 2018]
[4] I am satisfied that there is an error in the orders made and that it is of the type which falls within the accidental slip rule as explained at paragraph 7 and 8 of counsel’s memorandum. Accordingly, I make the following orders to correct that error:
(a)an order vesting the half share in the property, currently registered in the names of John Richard Thomson and Andrew Savvas Romanides Ott, and contained within Certificate of Title 4417 (Canterbury Registry) in Helen Janet Thomson; and
(b)an order vesting the half share in the property, currently registered in the names of John Richard Thomson, Andrew Savvas Romanides Ott, and Helen Janet Thomson and contained within Certificate of Title
4417 (Canterbury Registry), in John Richard Thomson and Andrew
Savvas Romanides Ott.
Solicitors:
Rhodes and Co., Christchurch
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