Stanley All Blacks family in court over trust operation complaint

An extended family that has produced two All Blacks and a Manu Samoa player had an odd civil appearance in the High Court in Auckland today.

Absent from the court, but in whose name it was co-convened, was 27-test All Blacks player Joe Stanley, 57.

The dispute heard in court was over the operation of a family trust set up by his brother for his children.

The now adult children have gone to the court to get their uncle Joe Stanley removed as a trustee.

The plaintiffs seeking his removal were niece Courtney Stanley and nephews Benson William-Stanley and Winston Stanley. 

Benson, 30, has played three tests for the All Blacks and is signed with Clermont Auvergne in France. Winston, 25, ex-Auckland Blues and now Western Force in Super Rugby, has played two tests for Manu Samoa.

Together with "Uncle Joe" they were trustees on a family trust that controlled properties in Avondale and Herne Bay, Auckland. The family matriarch lived at the Herne Bay address and died late last year.

The case came before Justice Raynor Asher today in a court with only four people present, including the judge and the journalist.

For the plaintiffs, Ray Parmenter submitted that the three Stanleys had tried to find out the financial state of the trust.

"Uncle Joe sent us a spreadsheet, but it was incomplete and garbled," Parmenter said in his argument.

There had been poor record keeping, the ASB Bank had started a mortgage sale on the Avondale property and they alleged their uncle was acting contrary to the interests of the beneficiaries, which are the plaintiffs and their children.

Justice Asher noted that Joe Stanley had admitted fault in the operation of the trust.

Parmenter said fa'asamoa – Samoan custom – had caused part of the problem with the younger members of the family unwilling to challenge Joe Stanley.

"It has taken them an awful long time to get up the courage to do this."

He said it was the desire of the plaintiffs to remove Joe Stanley from the trust, to pay the mortgage arrears and re-organise the financing.

The Avondale property had been sold by Joe Stanley and there was a mortgage of $556,000 on the Herne Bay house.

The court heard that Joe Stanley was cooperative and did not oppose the plaintiff's actions.

Justice Asher reserved his decision on the application.