Fabish and Ors [2017] NZHC 2850

Fabish and Ors [2017] NZHC 2850

The Court held it was expedient to vest the Tariki Hall land in the newly appointed trustees under s52(1)(h) and to confer on them the power to sell the land under s64(1); the originating application without notice was appropriate because there was no opposing party and the application affected only the applicants.

Citation
[2017] NZHC 2850
Parties
Applicant/trustee: Paul William Fabish; Applicant/trustee: Denise May Loveridge; Applicant/trustee: Thomas Rupert Loveridge; Applicant/trustee: Andrew Kelvin McElroy; Applicant/trustee: Dorothy Michelle Oakes; Applicant/trustee: Taniamaree Simpson; Applicant/trustee: Cindy Lee Baldwin; Applicant/trustee: Kevin Ronald Bennett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
21 November 2017
Procedural Posture
Application Under the Trustee Act 1956 for Vesting and Sale of Trust Property / Judgment on Applications for Leave to Proceed Without Notice, Vesting Under S52(1)(h) and Sale Authorisation Under S64
Outcome
Application granted in full
Legal Topics
Vesting of Trust Property, Trustee Powers to Sell, Court Authorisation of Trustee Acts, Originating Application Without Notice
Trusts Property Civil Procedure Equity Vesting of Trust Property Trustee Powers to Sell Court Authorisation of Trustee Acts Originating Application Without Notice

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Parties

Paul William Fabish

Applicant/trustee

Denise May Loveridge

Applicant/trustee

Thomas Rupert Loveridge

Applicant/trustee

Andrew Kelvin McElroy

Applicant/trustee

Dorothy Michelle Oakes

Applicant/trustee

Taniamaree Simpson

Applicant/trustee

Cindy Lee Baldwin

Applicant/trustee

Kevin Ronald Bennett

Applicant/trustee

Procedural Posture

Application Under the Trustee Act 1956 for Vesting and Sale of Trust Property / Judgment on Applications for Leave to Proceed Without Notice, Vesting Under S52(1)(h) and Sale Authorisation Under S64

Legal Issues

  1. 1 Whether the Court should vest the Tariki Hall property in the newly appointed trustees under s52(1)(h) Trustee Act 1956
  2. 2 Whether the trustees should be authorised to sell the property pursuant to s64 Trustee Act 1956
  3. 3 Whether the originating application could be commenced without notice

Ratio Decidendi

The Court held it was expedient to vest the Tariki Hall land in the newly appointed trustees under s52(1)(h) and to confer on them the power to sell the land under s64(1); the originating application without notice was appropriate because there was no opposing party and the application affected only the applicants.

Court Disposition

Application granted in full

Orders

  • Leave granted to commence proceedings by way of an originating application without notice
  • The land comprising the Tariki Hall (estate in fee simple of 355 square metres more or less, allotment 16 Section 183, Moa District, CT TN51/218 Taranaki Land District) is vested in the applicants pursuant to s52(1)(h) of the Trustee Act 1956