White v White

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2020-412-38

[2020] NZHC 2026

UNDER the Trustee Act 1956

AND

IN THE MATTER

of the R L WHITE FAMILY TRUST

BETWEEN

ANDREW PETER WHITE

Applicant

AND

RUBY LORRAINE WHITE AND WENDY

JOY BLACKIE, as trustees of the R L White Family Trust

Respondents

Hearing: On the papers

Appearances:

J C D Guest

Judgment:

11 August 2020

FINAL JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 11 August 2020 at 11.00am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar
11 August 2020

WHITE v WHITE [2020] NZHC 2026 [11 August 2020]

[1] With the updating medical evidence now to hand, as requested in my interim judgment delivered on 11 June 2020,1 for the reasons given in that judgment, I am satisfied the orders sought by the applicant, Mr Andrew White, are appropriate.

Orders

[2] I make orders in terms of the draft order attached to the memorandum of counsel dated 6 July 2020, with the following amendments to reflect the full legal description of the property. An order in terms set out below may now be sealed.

(a)Leave is given to bring this application by way of originating application.

(b)The appointment of a litigation guardian for RUBY LORRAINE WHITE is dispensed with.

(c)Service of the originating application on RUBY LORRAINE WHITE or any other person is dispensed with.

(d)RUBY LORRAINE WHITE is removed as a trustee of the R L White Family Trust and in her place ANDREW PETER WHITE of Dunedin, Company Director is appointed a trustee of that Trust.

(e)The real estate held by the R L White Family Trust at 32c Frances Street, Balclutha, being the land comprised and described in Land Identifier OT5A/455 and being an estate in fee simple containing 563 square metres more or less, on Lot 2 Deposited Plan 12737, Otago Land Registration District, currently held in the

1 White v White [2020] NZHC 1295.

names of RUBY LORRAINE WHITE and WENDY JOY WHITE shall immediately vest in WENDY JOY BLACKIE and ANDREW PETER WHITE (jointly).

Associate Judge Lester

Solicitors:
Downie Stewart, Dunedin

CaseChat Overview and Summary

In the High Court of New Zealand, the case of White v White was heard. The matter involved a dispute over the management of the R L White Family Trust. Andrew Peter White, the applicant, sought orders to remove Ruby Lorraine White as a trustee and have himself appointed in her place, as well as to vest the real estate held by the Trust in himself and Wendy Joy Blackie, another trustee. The case was heard on the papers, and the final judgment was delivered by Associate Judge Lester on August 11, 2020.

The legal issues in the case revolved around the applicant's ability to demonstrate that Ruby Lorraine White was no longer capable of managing her affairs and the Trust's assets. The court had to consider whether the applicant had provided sufficient evidence to support his claims and whether the orders sought were appropriate. The court also had to determine whether the appointment of a litigation guardian for Ruby Lorraine White was necessary and whether service of the originating application on her was required.

Associate Judge Lester found that the orders sought by the applicant were appropriate, based on the updated medical evidence provided. The judge concluded that Ruby Lorraine White was no longer capable of managing her affairs and the Trust's assets and that the appointment of a litigation guardian was not necessary. The judge also found that service of the originating application on Ruby Lorraine White was not required. As a result, the judge made orders removing Ruby Lorraine White as a trustee of the R L White Family Trust and appointing Andrew Peter White in her place. The real estate held by the Trust was to vest in Wendy Joy Blackie and Andrew Peter White jointly.

In summary, the court granted the applicant's orders to remove Ruby Lorraine White as a trustee of the R L White Family Trust and appoint Andrew Peter White in her place. The court also ordered that the real estate held by the Trust was to vest in Wendy Joy Blackie and Andrew Peter White jointly. These orders reflect the updated medical evidence provided and the court's determination that the applicant had met the necessary legal requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

UNDER	the Trustee Act 1956
AND
IN THE MATTER	of the R L WHITE FAMILY TRUST
BETWEEN	ANDREW PETER WHITE Applicant
AND	RUBY LORRAINE WHITE AND WENDY JOY BLACKIE, as trustees of the R L White Family Trust Respondents

Hearing:	On the papers
Appearances:	J C D Guest
Judgment:	11 August 2020