IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY
I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE
CIV-2020-485-300
[2020] NZHC 2684
BETWEEN MARGARET ANN WOOTTON
Applicant
AND
PHILLIP GARRY WOOTTON
Respondent
Hearing: 5 October 2020 Appearances:
Applicant in person
E Collins and C McDonald for respondent
Judgment:
13 October 2020
JUDGMENT OF ASSOCIATE JUDGE JOHNSTON
[1] Mr Phillip Wootton and Ms Margaret Wootton married in December 1993. They separated in January 2006. Their marriage was dissolved in June 2008. They have three children.
[2] In November 2004 Mr and Ms Wootton settled the Wootton Family Trust. They were the settlors, the trustees (along with the Public Trust) and two of the beneficiaries (along with their children and others). As I understand it the Wootton Family Trust was settled with a view to distancing the family’s financial affairs from any risk being assumed by Mr Wootton around this time when he took a shareholding in and became a director of Maycroft Construction Ltd, by which company he had been employed for some time.
[3] Following Mr and Ms Wootton’s separation in January 2006, the resolution of their affairs appears to have been fraught to say the very least. However, not long after
WOOTTON v WOOTTON [2020] NZHC 2684 [13 October 2020]
the dissolution of their marriage in June 2008, the division of their relationship property was resolved by way of a consent order made by the Family Court dated 2 July 2008. Both parties were represented by solicitors and counsel in the proceeding. The order was in conventional terms. It identified assets that were to be received by Mr Wootton and assets that were to be received by Ms Wootton (both of which included assets then owned by the trustees of the Wootton Family Trust). It contemplated that the assets of the Wootton Family Trust to be received by Mr and Ms Wootton would be resettled on or transferred to new trusts to be settled by each of them. It provided that Ms Wootton was to be removed as a trustee and beneficiary of that trust.
[4] Some time previously, Mr Wootton had, no doubt in anticipation of an earlier resolution of the relationship property dispute, settled two new trusts — the Esrastar Trust (Mr Wootton’s family trust) and the Esrastar Business Trust (Mr Wootton’s business trust). Mr Wootton had by this time begun a new relationship with a Ms Cheryl Vendt whom he subsequently married but who has since died. Mr Wootton was the settlor of the new trusts. He and Ms Vendt were trustees and beneficiaries. During the course of the hearing before me these trusts were consistently referred to by Ms Wootton as shams, although I am unsure why.
[5] The Family Court order was to be implemented within 14 days. Implementation was delayed. That is unsurprising. I infer nothing from it (other, perhaps, than ongoing difficulty between Mr and Ms Wootton). It is not suggested in this proceeding that it was not fully implemented in all…
Continue reading Wootton v Wootton
Sign in free to access the full text
- AGLC
- Wootton v Wootton [2020] NZHC 2684
- Case
- [2020] NZHC 2684
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether Ms Wootton had a reasonably arguable claim to a legal or equitable interest in the properties over which the caveats were lodged. The court considered Ms Wootton's argument that Mr Wootton had committed fraud or deceit by withholding information about an increase in the value of the shares in Maycroft Construction Ltd, resulting in a material imbalance in the division of assets. However, the court found no evidence of material non-disclosure by Mr Wootton in the Family Court proceeding. Furthermore, the court found that there was no prospect of tracing the proceeds of the alleged fraud into the properties in question.
Associate Judge Johnston dismissed Ms Wootton's application, holding that she could not establish an arguable claim to a proprietary interest in the properties. The court ordered that Mr Wootton was entitled to require the removal of the caveats over the two properties owned by the trustees of his family trust and to the immediate release of the monies held in trust by Collins & May, being the proceeds of the sale of the third property. The court also indicated that Mr Wootton was entitled to his costs on a 2B basis, unless the parties could resolve the costs issue themselves.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.