Turner v Coombe

[2018] NZHC 2573

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CIV-2016-419-265

[2018] NZHC 2573

BETWEEN

MURIEL GWENDOLINE TURNER

Plaintiff

AND

ANTHONY BRIAN COOMBE AND MURRAY KAID MCLEAN

Defendants

Hearing:

17 September 2018

Counsel:

L Dixon for Plaintiff

H McIntosh for Defendants
V Bruton QC for parties served
B McKenna for Attorney-General

Judgment:

1 October 2018

FINAL JUDGMENT OF WHATA J

This judgment was delivered by me on 1 October 2018 at 3.30 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Patterson Hopkins, Auckland

M J Walmsley, Paeroa

Priscilla Brown, Auckland Crown Law, Wellington

TURNER v COOMBE [2018] NZHC 2573 [1 October 2018]

[1]                I refer to my judgment of 15 March 2018. Having heard from the parties and having afforded them a further opportunity to reach agreement as to a proper outcome pursuant to s 61B of the Charitable Trusts Act 1957 and for settlement purposes, the parties reached agreement as follows:

2.1by way of settlement:

(a)the executors wish to make from the residuary estate of Ian Alexander McClean, deceased, a single, lump sum payment to the plaintiff and counterclaimants of $1 million, payable to the trust account of Patterson Hopkins, solicitors, on or before 31 October 2018, to be applied by Patterson Hopkins in accordance with the directions of the plaintiff and counterclaimants;

(b)the plaintiff and counterclaimants will in return: (i) disclaim any further interest in respect of the estate or the clause 9 trust as affirmed in Your Honour’s Judgment dated 15 March 2018 (“Trust”); (ii) discontinue the existing proceedings, with no issue as to costs; and (iii) release the estate, executors, Trust and/or trustees from and against any further claim or proceeding by them;

2.2the Attorney-General approves of those proposed arrangements on behalf of the charitable beneficiaries of the Trust under his powers of compromise;

2.3pursuant to the provisions of s 61B of the Charitable Trusts Act 1957, the Trust may now be formalised forthwith on the terms of clause 9 of the Will save that the terms of the Trust will include no provision for or reference to Muriel Gwendoline Turner or nieces and nephews of the deceased and

2.4there will be no outstanding issues as to costs.

[2]                I am content with that outcome and there shall be orders accordingly.