MACBRIDE, MP TRUSTEES (2008) LIMITED AND STONEHILL TRUSTEES NORTHLAND LIMITED v MACBRIDE [2016] NZHC 509

MACBRIDE, MP TRUSTEES (2008) LIMITED AND STONEHILL TRUSTEES NORTHLAND LIMITED v MACBRIDE [2016] NZHC 509

The respondent was medically incapacitated and had been removed as a trustee; the applicants were the validly appointed current trustees and could not otherwise effect transfer of the trust land; accordingly the Court exercised its statutory power under s 52(1)(b)(i) Trustee Act 1956 and Part 19 High Court Rules to vest the land in the current trustees and dispensed with service on that basis.

Citation
[2016] NZHC 509
Parties
Applicant / Trustee: Noeline Elsie MacBride; Applicant / Trustee Company: MP Trustees (2008) Limited; Applicant / Trustee Company: Stonehill Trustees Northland Limited; Respondent / Former Trustee: Thomas Chalmers MacBride
Court
High Court
Jurisdiction
New Zealand
Judgment Date
23 March 2016
Procedural Posture
Vesting Order Application Under Part 19 High Court Rules and Trustee Act 1956 / Interlocutory Application (without Notice) Determined on the Papers
Outcome
Order granted vesting the specified trust land in the applicants as the current trustees; costs to be paid out of the trust funds.
Legal Topics
Vesting Order, Removal and Replacement of Trustee, Capacity/incapacity, Dispensing With Service
Trusts Property Civil Procedure Elder Law Vesting Order Removal and Replacement of Trustee Capacity/incapacity Dispensing With Service

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Parties

Noeline Elsie MacBride

Applicant / Trustee

MP Trustees (2008) Limited

Applicant / Trustee Company

Stonehill Trustees Northland Limited

Applicant / Trustee Company

Thomas Chalmers MacBride

Respondent / Former Trustee

Procedural Posture

Vesting Order Application Under Part 19 High Court Rules and Trustee Act 1956 / Interlocutory Application (without Notice) Determined on the Papers

Legal Issues

  1. 1 Whether the court should vest trust land in the current trustees where a former trustee is incapacitated and unable to execute transfer documents
  2. 2 Whether the court may dispense with service and hear the application without notice
  3. 3 Whether removal of the respondent as trustee and replacement by a trustee company justified vesting under s 52(1)(b)(i) Trustee Act 1956

Ratio Decidendi

The respondent was medically incapacitated and had been removed as a trustee; the applicants were the validly appointed current trustees and could not otherwise effect transfer of the trust land; accordingly the Court exercised its statutory power under s 52(1)(b)(i) Trustee Act 1956 and Part 19 High Court Rules to vest the land in the current trustees and dispensed with service on that basis.

Court Disposition

Order granted vesting the specified trust land in the applicants as the current trustees; costs to be paid out of the trust funds.

Orders

  • Pursuant to s 52(1)(b)(i) of the Trustee Act 1956, order vesting the Land (Identifiers 187654; NA118B/838; NA99B/429 and the 22/25 share in Identifier NA99B/429) in Noeline Elsie MacBride, MP Trustees (2008) Limited and Stonehill Trustees Northland Limited as the Current Trustees of the Stonehill Family Trust.
  • All costs in relation to the application shall be paid out of the Trust's funds.