Estate of BROWN HC CHCH CIV 2012-409-000988

Estate of BROWN HC CHCH CIV 2012-409-000988

Given that all beneficiaries are adults who have been consulted and consented to the winding up and sale, and the title's 'no survivorship' notation prevents registration, the Court will grant an order under s133 to enable registration of the surviving trustees and facilitate winding up, subject to filing an...

Source-derived case information.

Citation
openlaw-ca2908a7_e0b1_436e_b2fa_4917ac553061.pdf
Parties
Applicant/trustee: Stephen David Brown; Applicant/trustee: John Anthony Callaghan
Court
High Court
Jurisdiction
New Zealand
Judgment Date
16 August 2012
Procedural Posture
Application Under S 133 of the Land Transfer Act 1952 / Decision (on Papers)
Outcome
Order under s133 granted to enable registration of the applicants as registered proprietors to permit winding up and disposal of the trust property, subject to filing of an affidavit in the proper form confirming the matters outlined.
Legal Topics
Land Transfer Act S133, Registration of Trustees, Trust Winding Up, No Survivorship Notation
Property Law Trusts Land Registration Land Transfer Act S133 Registration of Trustees Trust Winding Up No Survivorship Notation

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Parties

Stephen David Brown

Applicant/trustee

John Anthony Callaghan

Applicant/trustee

Procedural Posture

Application Under S 133 of the Land Transfer Act 1952 / Decision (on Papers)

Legal Issues

  1. 1 Whether the Court should order registration of the surviving trustees under s133 to enable disposition of the trust land
  2. 2 Whether beneficiaries have given informed consent to winding up and sale of the trust property
  3. 3 Whether the 'no survivorship' notation on the title prevents registration and requires court relief

Ratio Decidendi

Given that all beneficiaries are adults who have been consulted and consented to the winding up and sale, and the title's 'no survivorship' notation prevents registration, the Court will grant an order under s133 to enable registration of the surviving trustees and facilitate winding up, subject to filing an affidavit in proper form confirming the stated matters.

Court Disposition

Order under s133 granted to enable registration of the applicants as registered proprietors to permit winding up and disposal of the trust property, subject to filing of an affidavit in the proper form confirming the matters outlined.

Orders

  • Order under s133 of the Land Transfer Act 1952 granted to register Stephen David Brown and John Anthony Callaghan as registered proprietors to enable disposition of the trust property, subject to the applicants filing an affidavit in proper form confirming the beneficiary consents and distribution arrangements as...