Pickmere v Pickmere [2017] NZHC 2110

Pickmere v Pickmere [2017] NZHC 2110

Given clear medical evidence of the trustee's incapacity, absence of any other interested person who would be prejudiced, and the need to enable trust administration, the court granted leave to bring the proceeding by originating application, dispensed with service and made a vesting order transferring SA14B/1005 to the named trustees to permit the trust to continue and its assets to be dealt with.

Citation
[2017] NZHC 2110
Parties
Applicant; Trustee of the NFR Pickmere Family Trust: Ross Hugh Pickmere; Respondent; Retired Trustee of the NFR Pickmere Family Trust: Arnold Ralph Pickmere
Court
High Court
Jurisdiction
New Zealand
Judgment Date
31 August 2017
Procedural Posture
Vesting Application Under Trustee Act 1956 / Application Determined on the Papers; Judgment Granting Vesting Order
Outcome
Leave granted to commence by originating application; service dispensed; vesting order made transferring SA14B/1005 to three trustees.
Legal Topics
Vesting Order, Removal of Trustee, Dispensing With Service, Mental Incapacity, Transfer of Trust Property
Trusts Equity Civil Procedure Capacity Law Vesting Order Removal of Trustee Dispensing With Service Mental Incapacity +1 more

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Parties

Ross Hugh Pickmere

Applicant; Trustee of the NFR Pickmere Family Trust

Arnold Ralph Pickmere

Respondent; Retired Trustee of the NFR Pickmere Family Trust

Procedural Posture

Vesting Application Under Trustee Act 1956 / Application Determined on the Papers; Judgment Granting Vesting Order

Legal Issues

  1. 1 Whether the court should grant leave to commence by originating application and dispense with service
  2. 2 Whether a vesting order should be made to transfer legal title to enable trust administration
  3. 3 Whether the mental incapacity of a trustee justifies court-ordered vesting

Ratio Decidendi

Given clear medical evidence of the trustee's incapacity, absence of any other interested person who would be prejudiced, and the need to enable trust administration, the court granted leave to bring the proceeding by originating application, dispensed with service and made a vesting order transferring SA14B/1005 to the named trustees to permit the trust to continue and its assets to be dealt with.

Court Disposition

Leave granted to commence by originating application; service dispensed; vesting order made transferring SA14B/1005 to three trustees.

Orders

  • Leave is granted to bring the proceeding by way of originating application.
  • Service is dispensed with and the matter is to be dealt with on the papers.