24 December 2012 Paraparauma resident Malcolm Rabson made headlines last year when the Court of Appeal ordered him to share real estate purchased from a $1.3 M first division lotto prize with his former domestic partner Linda Gallagher.
Thursday he became homeless, having been evicted by the Court-appointed trustee of his and his former partner’s trust, Wellington solicitor Wayne Chapman. It is the latest chapter in a protracted relationship split over an estate valued last year by the Court of Appeal at $2.6M, largely vested in three trust-held north Wellington properties.
Last week Chapman sought and obtained an eight day vacate order on the Paraparauma home from High Court Justice Stephen Kos (pictured). Despite Rabson filing an
application for stay and an appeal with the Court of Appeal on grounds he had a contract with Chapman to purchase the home per the Court of Appeal’s order issued last December, Chapman’s lawyer showed up Thursday with police and served Rabson a trespass notice - escorting him off the property. A neighbour reported that by late afternoon all the belongings in the home had been moved out by the trustee. The vacant property is expected to be marketed for sale by the trustee.
An unusual feature Chapman relied upon to evict Rabson is the Court of Appeal judgment last December which directed Ms Gallagher was to receive her full $1.3 M share in cash before any payments from the trust to Rabson. Chapman sold the first two properties at a net 59% of valuations, claiming more money was needed from the sale of Rabson’s home to pay Gallagher the $1.3M.
On Friday, the Court of Appeal rejected Mr Rabson’s application for interim relief, claiming the trustee would be injuriously affected by the granting of the stay. Justice Rhys Harrison presided despite being the subject of an active bias complaint by Rabson to the Judicial Conduct Commissioner and bias appeal to the Supreme Court for secretly dismissing an application without hearing two months ago and then acting in his own cause by publicly upholding his own secret order when Rabson sought review.
The day before eviction Rabson was successful in a Family Court application for custody of his eight year old daughter over the holidays. Chapman had filed an affidavit in opposition, claiming Rabson would not have a home to bring her.
[- Exactly what Joy Cowley did to ensure that her son James got custody of our daughter - he didn't even want her, and sent her to live with two serial child abusers in Nelson - Richard and Lorraine, who worked for Open Home Foundation - police never even bothered to interview Lily about the molestation and sexual assault by Richard - condoned and obviously encouraged by Lorraine - they removed her because of a lie by her father that he had custody and she lived with him - despite this being PROVEN to be a lie and despite evidence from the school our daughter attended that her father had had nothing whatsoever to do with her and that the sudden contact - and the manner of it - were very disturbing indeed and amounted to child abuse in the view of the school, who acted accordingly. When it looked like the Court was going to return Lily - after Lily expressed a wish to return - Joy evicted me from our home - SEVEN DAYS BEFORE CHRISTMAS - to ensure that Lily didn't have a home to return to.]
