KLEIMAN & KLEIMAN [2015] NZHC 758

KLEIMAN & KLEIMAN [2015] NZHC 758

Because the third trustee had validly renounced his trusteeship and persistently refused to sign required documents, and there were no encumbrances on title, the Court properly exercised its discretion under s 52 Trustee Act 1956 to vest the property in the two remaining trustees.

Citation
[2015] NZHC 758
Parties
Applicant and Trustee: Galina Trofimovna Kleiman; Applicant and Trustee: Boris Nikolaevich Kleiman
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 April 2015
Procedural Posture
Application Under the Trustee Act 1956 / Judgment on the Papers
Outcome
Order made under s 52 Trustee Act 1956 vesting the property in the remaining trustees
Legal Topics
Vesting of Trust Property, Trustee Renunciation, Section 52 Trustee Act 1956
Trusts Property Law Vesting of Trust Property Trustee Renunciation Section 52 Trustee Act 1956

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Galina Trofimovna Kleiman

Applicant and Trustee

Boris Nikolaevich Kleiman

Applicant and Trustee

Procedural Posture

Application Under the Trustee Act 1956 / Judgment on the Papers

Legal Issues

  1. 1 Whether the Court should vest trust property in the remaining trustees under s 52 Trustee Act 1956 where a co‑trustee has renounced and refuses to sign transfer documents

Ratio Decidendi

Because the third trustee had validly renounced his trusteeship and persistently refused to sign required documents, and there were no encumbrances on title, the Court properly exercised its discretion under s 52 Trustee Act 1956 to vest the property in the two remaining trustees.

Court Disposition

Order made under s 52 Trustee Act 1956 vesting the property in the remaining trustees

Orders

  • The property at 52B Koraha Street, Remuera is vested in the names of Galina Trofimovna Kleiman and Boris Nikolaevich Kleiman as the remaining trustees of the Gala Family Trust.