Application for Vesting Order – Taylor v Plant [2019] NZHC 2859

Application for Vesting Order – Taylor v Plant [2019] NZHC 2859

A vesting order under s52 Trustee Act 1956 was warranted to enable the sale because the registered owner lacked capacity; the correct method was to vest the undivided half shares separately to the applicant in his capacities (one half as attorney for Mrs Plant and one half as administrator of the Estate) so proceeds and accounts remain distinct; leave and dispensing of service were appropriate and costs are to be shared equally between Mrs Plant and the Estate.

Citation
[2019] NZHC 2859
Parties
Applicant (attorney for Noeline Plant and Administrator of the Estate of Raymond Plant): Ronald Kauri Taylor; Respondent (registered Proprietor and Beneficiary): Noeline Miriam Elizabeth Plant
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 November 2019
Procedural Posture
Application for Vesting Order (s52 Trustee Act 1956) / Judgment on Application (on the Papers)
Outcome
Application granted in part: leave to commence and dispensing of service granted; undivided half shares vested in Ronald Kauri Taylor with half held in his capacity as attorney for Noeline Plant and half in his capacity as administrator of the Estate; costs shared equally by Mrs Plant and the Estate.
Legal Topics
Vesting Order, Enduring Power of Attorney, Administrator Appointment, Sale of Property, Mental Capacity
Trusts Estate Administration Property Law Capacity / Elder Law Vesting Order Enduring Power of Attorney Administrator Appointment Sale of Property +1 more

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Parties

Ronald Kauri Taylor

Applicant (attorney for Noeline Plant and Administrator of the Estate of Raymond Plant)

Noeline Miriam Elizabeth Plant

Respondent (registered Proprietor and Beneficiary)

Procedural Posture

Application for Vesting Order (s52 Trustee Act 1956) / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether a vesting order under s52 of the Trustee Act 1956 should be made to enable sale of land
  2. 2 Whether property should be vested in the applicant solely or in separate capacities to reflect the respondent's personal interest and the Estate's interest
  3. 3 Whether service of the application may be dispensed with and leave to commence by originating application granted

Ratio Decidendi

A vesting order under s52 Trustee Act 1956 was warranted to enable the sale because the registered owner lacked capacity; the correct method was to vest the undivided half shares separately to the applicant in his capacities (one half as attorney for Mrs Plant and one half as administrator of the Estate) so proceeds and accounts remain distinct; leave and dispensing of service were appropriate and costs are to be shared equally between Mrs Plant and the Estate.

Court Disposition

Application granted in part: leave to commence and dispensing of service granted; undivided half shares vested in Ronald Kauri Taylor with half held in his capacity as attorney for Noeline Plant and half in his capacity as administrator of the Estate; costs shared equally by Mrs Plant and the Estate.

Orders

  • Leave is given to commence these proceedings by way of originating application
  • Dispensing with service of the application