MASTERS v PRIVATE PLANNING COMPANY LTD [2018] NZHC 2200

MASTERS v PRIVATE PLANNING COMPANY LTD [2018] NZHC 2200

Because the corporate trustee had been removed from the Companies Register and could not execute necessary transfer documents, beneficiaries had given written consent, and there was urgency due to an imminent property settlement, the Court exercised its powers under the High Court Rules and s 52(1)(b)(iv) Trustee Act 1956 to grant leave to proceed by originating application, dispense with service, hear the matter without notice and vest the trust properties in the remaining trustees.

Citation
[2018] NZHC 2200
Parties
Applicant Trustee: Brian Gordon Masters; Applicant Trustee: Gayleen Ann Masters; Respondent Former Trustee: Private Planning Company Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
24 August 2018
Procedural Posture
Application for Vesting Order Under the Trustee Act 1956 / Hearing on the Papers; Without‑notice Application; Judgment Granting Relief
Outcome
Application granted: leave to commence by originating application granted; service dispensed with; application determined without notice; vesting order made vesting the trust properties in the applicants as trustees.
Legal Topics
Vesting Order, Trusteeship, Dispensing With Service, Without‑notice Application, Removal From Companies Register
Trusts Civil Procedure Property Law Company Law Vesting Order Trusteeship Dispensing With Service Without‑notice Application +1 more

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Parties

Brian Gordon Masters

Applicant Trustee

Gayleen Ann Masters

Applicant Trustee

Private Planning Company Limited

Respondent Former Trustee

Procedural Posture

Application for Vesting Order Under the Trustee Act 1956 / Hearing on the Papers; Without‑notice Application; Judgment Granting Relief

Legal Issues

  1. 1 Whether leave should be granted to commence proceedings by originating application
  2. 2 Whether service of the originating application should be dispensed with
  3. 3 Whether the Court should determine the application without notice

Ratio Decidendi

Because the corporate trustee had been removed from the Companies Register and could not execute necessary transfer documents, beneficiaries had given written consent, and there was urgency due to an imminent property settlement, the Court exercised its powers under the High Court Rules and s 52(1)(b)(iv) Trustee Act 1956 to grant leave to proceed by originating application, dispense with service, hear the matter without notice and vest the trust properties in the remaining trustees.

Court Disposition

Application granted: leave to commence by originating application granted; service dispensed with; application determined without notice; vesting order made vesting the trust properties in the applicants as trustees.

Orders

  • Leave granted to commence proceedings by way of originating application
  • Service of the originating application is dispensed with