IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2021-485-586 [2022] NZHC 1167
UNDER the Trusts Act 2019 IN THE MATTER OF
the F B Turvey Family Trust and the P Turvey Family Trust
BETWEEN
DARYN TURVEY
Applicant
AND
DAVID VANCE
Respondent
CIV-2022-485-041 UNDER
the Trusts Act 2019
IN THE MATTER OF
an application for the directions in respect of the FB Turvey Family Trust and the P Turvey Family Trust
BETWEEN
DAVID VANCE
Applicant
AND
PATRICIA TURVEY, DARYN TURVEY, GLENN TURVEY and MICHELE HALCROW
Respondents
Hearing: 16 May 2022 Appearances:
Applicant in proceeding 586 D Turvey in Person
J P Bell-Connell for Mr Vance the Applicant in proceeding 41 G J Woollaston for Interested Party Patricia Turvey
Judgment:
3 June 2022
JUDGMENT OF GENDALL J
DARYN TURVEY v DAVID VANCE [2022] NZHC 1167 [3 June 2022]
Solicitors:
Dentons Kensington Swan, Wellington Dewhirst Law, Palmerston North
Table of Contents
Introduction [1]
Background facts [6]
The 2020 Judgment [15]
The present applications [19]
“Blessing” application [22]
Preliminary issue — rectification of an error in documents executed by the settlors 12
Mr Vance’s proposed distribution 14
Adjustments to distributions to each beneficiary 17
Patricia’s $200,000 adjustment for failure to maintain the Property 18
Patricia’s failure to pay rates on the Property 20
Patricia’s and Glenn’s use of the time share 20
Patricia’s receipt of rental income 20
Daryn’s maintenance of and improvements to the Property 22
Daryn’s allegations of abuse 23
Daryn’s loan of $65,050 to the trusts relating to the mortgage over the property 24
Daryn Turvey — a notional settlor? 26 Conclusion [102] Daryn’s s 126 Applicaton 29 Costs 29
Introduction
[1] These proceedings involve the Turvey family, members of whom have been engaged in bitter and acrimonious litigation over some time. This judgment relates to two applications:
(a)The first is an application in proceeding CIV-2022-485-000041 (proceeding 41) by David Vance (Mr Vance) under s 133 of the Trusts Act 2019 (the Act) brought by him as the recently court- appointed trustee of two Turvey family trusts (the Trusts) which for some time have held family assets. Under this application, Mr Vance seeks a “blessing” for his proposed distribution of those remaining trust assets. This application, for the purposes of making that distribution, also includes a further application to rectify an earlier error in documents executed by the settlors of the Trusts.
(b)The second is an application in proceeding CIV-2021-405-586 (proceeding 586) bought by the applicant, Daryn Turvey (Daryn), pursuant to s 126 of the Act. This application seeks an order that Mr Vance make final distributions from the Trusts equally to named beneficiaries being Daryn, his brother and sister (with several minor exceptions), in accordance with what he says were earlier orders made by this Court on 16 September 2020.
[2] The earlier 16 September 2020 orders were contained in a reserved judgment of Dobson J (the 2020 Judgment) which followed a strongly contested proceeding involving Daryn and his mother,…
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- AGLC
- Turvey v Vance [2022] NZHC 1167
- Case
- [2022] NZHC 1167
- Decision Date
CaseChat Overview and Summary
The court found that Mr Vance's proposed distribution was reasonable and aligned with the trustees' duties, taking into account the specific circumstances of the trusts and the intentions of the settlors. The court upheld most of Mr Vance's adjustments to the distributions, such as deductions for property maintenance and outstanding rates, and agreed with his decision not to make adjustments for rental income and unsubstantiated abuse claims. The court also concluded that Daryn Turvey's loan to the trusts should be recognised and repaid, but due to the limitation period, his status as a beneficiary was affected. Ultimately, the court ordered that Daryn's share of the distribution should pass to a trust for his daughters upon them reaching the age of 18. The court granted Mr Vance's application for directions under section 133 of the Trusts Act 2019, with the noted amendment, and dismissed Daryn's application under section 126 of the Act. Costs were reserved for further discussion between the parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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