Hedges v Hedges [2014] NZHC 592 (27 March 2014)

Last Updated: 5 May 2014

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV 2013-404-3434 [2014] NZHC 592

BETWEEN	CAROL ANN HEDGES Plaintiff
AND	ANTHONY JAMES HEDGES Defendant

Hearing:	27 March 2014
Counsel:	S Robertson for Plaintiff No appearance for Defendant
Judgment:	27 March 2014

_{JUDGMENT OF SIMON FRANCE J}

[1] This matter has proceeded by way of formal proof.

[2] The plaintiff gave a power of attorney to her son whilst she was in a rest home. At some point the son sold the plaintiff’s home and put the proceeds in a separate bank account. This was done with the knowledge of the plaintiff ’s solicitor who did the paperwork and there is no suggestion of impropriety concerning this sale. The proceeds were initially used to pay the rest home fees of both the plaintiff and her mother, who is the defendant’s grandmother.

[3] In November 2012 the rest home contacted the plaintiff’s solicitor to advise that fees had not been paid for some time. The solicitor visited the plaintiff and matters progressed from there. In December 2012 Westpac Bank froze the remaining money in the account but indicated it could not provide the plaintiff with

_{statements, and generally was limited in what it could do without Court direction.}

HEDGES v HEDGES [2014] NZHC 592 [27 March 2014]

[4] In January 2013 the defendant, seemingly having become aware of the changes to the account, called on the solicitor’s offices. He declined to provide statements or details of where the money had gone. He refused to pay over the money still in the account. By then the plaintiff had revoked the power of attorney and notice of the revocation was served on him.

[5] Affidavit evidence has been filed by the solicitor, Ms Shanahan, and by the plaintiff. That evidence establishes to the appropriate standard that:

(a) the power of attorney has been validly revoked by the plaintiff, and notice of that has been served on the defendant;

(b) the money which remains in the Westpac bank account in the defendant’s name is the proceeds of the sale of the plaintiff’s home and the defendant has only ever held it on trust for the plaintiff’s benefit;

(c) the defendant’s entitlement to hold the money has ended. [6] Westpac has indicated it will abide by any orders and directions.

Orders

[7] Accordingly, I make the following orders:

(a) an order preventing the first defendant accessing to the funds held in account number 03-0146-055818-00 under the name of Anthony James Hedges;

(b) an order directing Westpac New Zealand Limited to provide to the plaintiff with bank statements in relation to account number 03-0146-

0555818-00 under the name of Anthony James Hedges from

7 August 2012 to the date of service of the order;

(c) an order directing Westpac New Zealand Limited to pay the funds held in account number 03-0146-055818-00 under the name of Anthony James Hedges to the plaintiff;

(d) an order that the defendant pay the costs ($7,860.50) of this proceeding.

_{Simon France J}

Solicitors:

Shanahans, Solicitors, Auckland