MCCREATH (the BETTY CLARKE TRUST) [2022] NZHC 1001

MCCREATH (the BETTY CLARKE TRUST) [2022] NZHC 1001

The Court granted the originating application under Part 19, dispensed with service, and pursuant to ss 52 and 59 of the Trustee Act 1956 vested the legal estate in the property at 1/118 Ladies Mile, Ellerslie in the applicants as current trustees, authorising the Registrar‑General of Land to record the transfer; the costs of the application were ordered to be met from the assets of the trust.

Citation
[2022] NZHC 1001
Parties
Applicant/trustee: Anne Deborah McCreath; Applicant/trustee: Stephen John Clarke; Trust: Betty Clarke Trust; Settlor/former Trustee: Bessie Joan Clarke; Former Trustee: Harward Trustee Company Limited; Beneficiary: Russell Clarke
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 May 2022
Procedural Posture
Trust Vesting/trust Administration / Originating Application Under Part 19 (on the Papers); Judgment Granting Orders
Outcome
Application granted.
Legal Topics
Vesting of Trust Property, Trust Administration, Transitional Provisions Trusts Act 2019, Dispensing With Service
Trusts Property Civil Procedure Vesting of Trust Property Trust Administration Transitional Provisions Trusts Act 2019 Dispensing With Service

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Parties

Anne Deborah McCreath

Applicant/trustee

Stephen John Clarke

Applicant/trustee

Betty Clarke Trust

Trust

Bessie Joan Clarke

Settlor/former Trustee

Harward Trustee Company Limited

Former Trustee

Russell Clarke

Beneficiary

Procedural Posture

Trust Vesting/trust Administration / Originating Application Under Part 19 (on the Papers); Judgment Granting Orders

Legal Issues

  1. 1 Whether the Court should dispense with service of the originating application on beneficiaries
  2. 2 Whether the property should be vested in the current trustees under the Trustee Act 1956 ss 52 and 59
  3. 3 Whether the costs of the application should be met from trust assets

Ratio Decidendi

The Court granted the originating application under Part 19, dispensed with service, and pursuant to ss 52 and 59 of the Trustee Act 1956 vested the legal estate in the property at 1/118 Ladies Mile, Ellerslie in the applicants as current trustees, authorising the Registrar‑General of Land to record the transfer; the costs of the application were ordered to be met from the assets of the trust.

Court Disposition

Application granted.

Orders

  • Application may be made by originating application under Part 19 of the High Court Rules 2016 and service of the proceeding is dispensed with
  • Pursuant to ss 52 and 59 of the Trustee Act 1956 vesting the right, title and interest of Bessie Joan Clarke and Harward Trustee Company Limited as former trustees in the property at 1/118 Ladies Mile, Ellerslie (Identifier NA 45D/81 Unit A and Accessory Units 1 and 9 DP 88227) in Anne Deborah McCreath and Stephen...