GUTMANN v GUTMANN [2016] NZHC 107

GUTMANN v GUTMANN [2016] NZHC 107

Medical evidence established that the defendant suffers from severe advanced dementia and is incapable of performing trustee duties; accordingly the Court removed him as trustee, appointed Stephen Michael Gutmann as replacement trustee and ordered vesting of trust assets and the registered land in the plaintiff and...

Source-derived case information.

Citation
[2016] NZHC 107
Parties
Plaintiff / Trustee: Maria Magdalena Gutmann as trustee of the Elbach Trust; Defendant / Trustee: Fritz Peter Gutmann as trustee of the Elbach Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 February 2016
Procedural Posture
Application Under Part 19 High Court Rules and Ss 51 52 Trustee Act 1956 for Removal of Incapacitated Trustee and Vesting of Land / Judgment (on the Papers)
Outcome
Application granted: defendant removed as trustee, Stephen Michael Gutmann appointed as trustee, trust assets and registered land vested in plaintiff and Stephen as trustees; file to remain open for potential further applications regarding power of appointment.
Legal Topics
Removal of Trustee, Incapacity, Vesting of Trust Property, Appointment of Replacement Trustee, Power of Appointment
Trusts Property Equity Removal of Trustee Incapacity Vesting of Trust Property Appointment of Replacement Trustee Power of Appointment

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Parties

Maria Magdalena Gutmann as trustee of the Elbach Trust

Plaintiff / Trustee

Fritz Peter Gutmann as trustee of the Elbach Trust

Defendant / Trustee

Procedural Posture

Application Under Part 19 High Court Rules and Ss 51 52 Trustee Act 1956 for Removal of Incapacitated Trustee and Vesting of Land / Judgment (on the Papers)

Legal Issues

  1. 1 Whether the defendant is incapacitated and should be removed as trustee
  2. 2 Whether a new trustee (Stephen Michael Gutmann) should be appointed
  3. 3 Whether title to land should be vested in the newly constituted trustees

Ratio Decidendi

Medical evidence established that the defendant suffers from severe advanced dementia and is incapable of performing trustee duties; accordingly the Court removed him as trustee, appointed Stephen Michael Gutmann as replacement trustee and ordered vesting of trust assets and the registered land in the plaintiff and Stephen as trustees of the Elbach Trust.

Court Disposition

Application granted: defendant removed as trustee, Stephen Michael Gutmann appointed as trustee, trust assets and registered land vested in plaintiff and Stephen as trustees; file to remain open for potential further applications regarding power of appointment.

Orders

  • Defendant Fritz Peter Gutmann is removed as trustee of the Elbach Trust.
  • Stephen Michael Gutmann is appointed as trustee of the Elbach Trust in place of the defendant.