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A five-month legal battle over more than $30,000 donated to a Givealittle page is finally over. The page was created after 28-year-old father Kane Watson died after a sand dune collapsed on him at Muriwai Beach in August last year. In a legal first for Givealittle fundraisers, the release of the donated funds was halted after Watson’s partner gained an interim High Court freezing order. Jasmine Cooke – who was pregnant with her second child to Watson when he died – took the legal action following a disagreement that ultimately led to her to being cut out of receiving any of the money. But after a series of hearings in the Auckland High Court, an agreement has been reached between Cooke and defendants Kristalle Tayler – the creator of the page and a friend of Watson’s family – and Watson’s sister, Shaquille Thoumine. But the exact allocation of funds cannot be publicly revealed after a ruling by Associate Judge Liz Gellert. “After considerable discussion with the parties, and then following discussions between themselves, the parties resolved the matter by agreement and sought orders by consent,” Associate Judge Gellert wrote in her minute after the March 31 hearing. Kane Watson lost his life in a sand dune tragedy at Muriwai Beach. His then pregnant partner Jasmine Cooke (inset) then became involved in High Court action over funds raised by a Givealittle page. Photo / NZME composite “This is an excellent outcome in a matter that was both very sensitive to the parties and uncommercial to pursue by way of litigation. The litigants in person conducted themselves well.” The court minute said as part of the settlement, the exact breakdown of who would receive funds, and how much, was to remain “confidential between the parties”. But what could be publicly disclosed was the fact of settlement, and “that it is in accordance with the specified purpose described in the Givealittle page”. That purpose was to help pay funeral costs and provide money for Watson’s loved ones, including his children, mother and Cooke. “No other information, including details of the recipients and amounts of the funds distribution are to be disclosed to any other person,” the associate judge wrote. Associate Judge Gellert also thanked Givealittle for its “patience with the parties” and its decision not to seek costs, which “will have contributed to matters being resolved”. In her written minute – released to the Herald after an application to the Auckland High Court – Associate Judge Gellert added: “The parties are encouraged to put this matter behind them”. The battle over the Givealittle funds was heard in the Auckland High Court. Photo / NZME Since being launched in late 2008, more than $346 million has been donated to thousands of Givealittle fundraisers. But prior to the action taken by Cooke, never before have funds from one of its appeals been frozen on a court order. In an earlier court minute – issued after a High Court hearing on October 10 – Justice James MacGillivray had rejected an application from Tayler and Thoumine to issue a suppression order around the case. The pair had claimed earlier Herald reporting on the freezing order had been “hurtful to the family of the deceased”, Justice MacGillivray wrote. Kane Watson – who died in a sand dune tragedy at Muriwai Beach – pictured with his partner Jasmine Cooke while she was pregnant with their first child, who was born in 2024. The Herald made a written submission to the High Court arguing the case was strongly in the public interest, given the amount of money raised from the public, and the number of New Zealanders who use Givealittle generally, to raise or donate money. “In the present case, I am not persuaded that the desire for privacy in relation to this matter outweighs the legitimate public interest in the proceeding. I consider that the principle of open justice should prevail,” Justice MacGillivray wrote. The act of kindness that turned into a legal battle On the day Watson died,...
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