SUNDE v SUNDE [2019] NZHC 325

SUNDE v SUNDE [2019] NZHC 325

Permission granted to commence by without‑notice originating application; service dispensed on incapacitated former trustees and beneficiaries because medical evidence established lack of capacity and service would serve no useful purpose; equitable interest had passed to continuing trustees and, under s 52(1)(b)(i), legal title to the listed properties was vested in the continuing trustees Kevin Paul Sunde, Roy Melvin Sunde and Marina Anne Sunde.

Citation
[2019] NZHC 325
Parties
Applicant Trustee: Roy Melvin Sunde; Applicant Trustee: Kevin Paul Sunde; Applicant Trustee: Marina Anne Sunde; Respondent Removed Trustee: Leo Zane Sunde; Respondent Removed Trustee: Vera Zora Mary Gibson
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 March 2019
Procedural Posture
Application Under Trustee Act 1956 / Application for Vesting Order (originating Application)
Outcome
Application granted in full
Legal Topics
Vesting Order, Removal of Trustees, Service Dispensed, Medical Capacity Evidence, Originating Application Without Notice
Trusts Equity Capacity/mental Incapacity Civil Procedure Vesting Order Removal of Trustees Service Dispensed Medical Capacity Evidence +1 more

Case Brief

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Parties

Roy Melvin Sunde

Applicant Trustee

Kevin Paul Sunde

Applicant Trustee

Marina Anne Sunde

Applicant Trustee

Leo Zane Sunde

Respondent Removed Trustee

Vera Zora Mary Gibson

Respondent Removed Trustee

Procedural Posture

Application Under Trustee Act 1956 / Application for Vesting Order (originating Application)

Legal Issues

  1. 1 Whether the proceeding could be commenced by originating application without notice
  2. 2 Whether service on incapacitated former trustees and beneficiaries should be dispensed with
  3. 3 Whether trustees under disability within s 52(1)(b)(i) Trustee Act 1956 permits vesting of legal title

Ratio Decidendi

Permission granted to commence by without‑notice originating application; service dispensed on incapacitated former trustees and beneficiaries because medical evidence established lack of capacity and service would serve no useful purpose; equitable interest had passed to continuing trustees and, under s 52(1)(b)(i), legal title to the listed properties was vested in the continuing trustees Kevin Paul Sunde, Roy Melvin Sunde and Marina Anne Sunde.

Court Disposition

Application granted in full

Orders

  • Applicants permitted to commence proceeding by way of a without‑notice originating application
  • Service of the proceedings on Leo Zane Sunde, Vera Zora Mary Gibson and the beneficiaries of the MM Sunde Family Trust is not required