B LAXMAN & ORS HC AK CIV 2009-404-001241

B LAXMAN & ORS HC AK CIV 2009-404-001241

Anil Laxman’s unexplained absence/refusal/incapacity fell within s43, permitting the continuing trustees to appoint a replacement; accordingly a vesting order under s52 was appropriate to vest the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs may be sought out...

Source-derived case information.

Citation
openlaw-48fc9bfd_162f_4d42_ae4e_f9e88832bb6b.pdf
Parties
Applicant Trustee: Bhavana Laxman; Applicant Trustee: Mukesh Parshotam; Applicant Trustee: Mahendra Harikisun
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 July 2009
Procedural Posture
Application Under the Trustee Act 1956 (ss 43 and 52) Relating to Trust Property and Appointment of Trustees / Application on the Papers; Final Judgment Delivered
Outcome
Order granting vesting of the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs reserved and directions given to file memorandum on costs.
Legal Topics
Appointment of New Trustees, Vesting Order Under S52, Substituted Service, Costs Payable From Trust Assets
Trusts Property Law Civil Procedure Appointment of New Trustees Vesting Order Under S52 Substituted Service Costs Payable From Trust Assets

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Parties

Bhavana Laxman

Applicant Trustee

Mukesh Parshotam

Applicant Trustee

Mahendra Harikisun

Applicant Trustee

Procedural Posture

Application Under the Trustee Act 1956 (ss 43 and 52) Relating to Trust Property and Appointment of Trustees / Application on the Papers; Final Judgment Delivered

Legal Issues

  1. 1 Whether s43 Trustee Act 1956 permitted appointment of a replacement trustee given Anil Laxman’s absence/refusal/incapacity
  2. 2 Whether the Court should make a vesting order under s52 to vest the trust property in the continuing trustees
  3. 3 Whether costs of the application should be paid out of the trust assets and reserved for determination

Ratio Decidendi

Anil Laxman’s unexplained absence/refusal/incapacity fell within s43, permitting the continuing trustees to appoint a replacement; accordingly a vesting order under s52 was appropriate to vest the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs may be sought out of the trust and were reserved for determination on receipt of a memorandum.

Court Disposition

Order granting vesting of the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs reserved and directions given to file memorandum on costs.

Orders

  • Order vesting the property at 33 Exminster Street, Blockhouse Bay, being all the land in certificate of title NA1946/8, North Auckland Land Registry, in Bhavana Laxman and Mahendra Harikisun as continuing trustees
  • Applicants to file a memorandum within 10 days specifying whether costs are sought and, if so, the amount and particulars; the Court will then determine costs on the papers