IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2023-404-1748 [2024] NZHC 2217
UNDER THE Trusts Act 2019, the Charitable Trusts Act 1957, and Part 18 of the High Court Rules IN THE MATTER OF
the Samoan Independent Seventh Day Adventist Church charitable trust board and the Samoan Independent Seventh Day Adventist Property Trust charitable trust board
BETWEEN
SIAOSI DAVID SOOTAGA TOAILOA
First Applicant
Cont:/
Hearing: on the papers Counsel:
B O’Callahan and R J Warren for applicants (respondents to application for directions)
J D McBride and S Cameron for first, second, third and fourth respondents
D L Harris and A A A Ghandour for fifth respondent M K Mahuika for sixth respondent
Judgment:
8 August 2024
JUDGMENT OF JOHNSTONE J
(application for directions re stay order)
This judgment was issued by me on 8 August 2024 at 2pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors:
Zhang Law, Auckland
CM & Associates, Auckland
Crown Law Office, Wellington
TOAILOA v ELIU & ORS [2024] NZHC 2217 [8 August 2024]
AND FEU SEUMAALII
Second Applicant
AND
PENIATA SAUNIA
Third Applicant
AND
MATAUAINA ELIU, SALETAULUA
CHARLES FAAMANATU MAKA AND TONGA SEINI FATA, AS TRUSTEES OF THE SISDA PROPERTY TRUST
First Respondents
AND
SUNRISE GLOBAL HOMES LIMITED
Second Respondent
AND
WILLIE PAPU
Third Respondent
AND
WILLIE JUNIOR PAPU
Fourth Respondent
AND
ATTORNEY-GENERAL
Fifth Respondent
AND
SAMOAN INDEPENDENT SEVENTH DAY ADVENTIST CHURCH
Sixth Respondent
[1] By result judgment dated 28 March 2024,1 with reasons delivered on 31 May 2024,2 I made orders in this proceeding (the Costs Proceeding):
(a)declaring it reasonable and appropriate for the applicants (the Toailoa applicants) to commence proceedings (the Main Proceeding) seeking to remove the trustees of trusts I referred to as the Property Trust and the Church, and otherwise regularising aspects of the trusts’ constitutions and administration;
(b)declaring it reasonable and appropriate for the Toailoa applicants to seek interim orders in the Main Proceeding appointing an interim receiver or trustee of the Property Trust and the Church; and
(c)directing that the Toailoa applicants be reimbursed such of their reasonable legal costs in doing so as may be approved by the Registrar of this Court, from the assets of the Church and, if necessary, the Property Trust.
[2] The surviving first respondents, trustees of the Property Trust (Mr Maka and Ms Fata), sought a stay of my orders, pending determination of appeals to the Court of Appeal against my orders and orders of Wilkinson-Smith J made in the Main Proceeding. On 24 July 2024, I granted the stay, but made an order that the Property Trust must pay $100,000 to the Registrar of the High Court at Auckland, in respect of the Toailoa applicants’ legal costs relating to the appeals.3
[3] By application dated 31 July 2024, Mr Maka and Ms Fata seek directions under s 133 of the Trusts Act 2019 “as to how they should comply with” my order to pay
$100,000 to the Court.…
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- AGLC
- Toailoa v Eliu [2024] NZHC 2217
- Case
- [2024] NZHC 2217
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the trustees could lawfully use the funds from the GST reserve account to meet the court's order and if the application for directions was necessary given the existing court order. The court examined whether the trustees' opinion on the matter was reasonable and if there was any conflict of interest.
The court held that the trustees were already protected by section 134 of the Trusts Act, which provides immunity for trustees acting under any direction of the court, including the previous order for payment. The court found the application moot as the trustees were already entitled to the protections sought. The court dismissed the application and made no order as to costs.
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Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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