ANNAN and STOKES as trustees of the Irene Pullar Family Trust v PULLAR [2019] NZHC 3175

ANNAN and STOKES as trustees of the Irene Pullar Family Trust v PULLAR [2019] NZHC 3175

Given satisfactory evidence that the respondent was incapacitated and had been lawfully removed as trustee and substituted, the court properly dispensed with service and a litigation guardian and ordered vesting of the specified land in the continuing trustees under s52 of the Trustee Act 1956; leave to proceed by originating application was appropriate.

Citation
[2019] NZHC 3175
Parties
Applicant Trustee of the Irene Pullar Family Trust: Sharon Louise Annan; Applicant Trustee of the Irene Pullar Family Trust: Tracy Ann Stokes; Respondent Settlor and Beneficiary; Former Trustee (incapacitated): Irene Elizabeth Pullar
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 December 2019
Procedural Posture
Application for Vesting Order Under the Trustee Act 1956 / Determined on the Papers; Judgment Delivered
Outcome
Application granted. Orders made to permit vesting of trust property in continuing trustees and to dispense with service and litigation guardian; leave granted to proceed by originating application.
Legal Topics
Vesting Order, Removal/substitution of Trustee, Service Dispensed on Incapacitated Person, Litigation Guardian Dispensed, High Court Rules Practice, Trustee Act Provisions
Trusts Property Civil Procedure Equity Elder Law/incapacity Vesting Order Removal/substitution of Trustee Service Dispensed on Incapacitated Person +3 more

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Parties

Sharon Louise Annan

Applicant Trustee of the Irene Pullar Family Trust

Tracy Ann Stokes

Applicant Trustee of the Irene Pullar Family Trust

Irene Elizabeth Pullar

Respondent Settlor and Beneficiary; Former Trustee (incapacitated)

Procedural Posture

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

Legal Issues

  1. 1 Whether the court should vest trust property in continuing trustees under s52 Trustee Act 1956
  2. 2 Whether service on the incapacitated respondent should be dispensed with
  3. 3 Whether a litigation guardian should be appointed for the incapacitated respondent under r 4.30 High Court Rules

Ratio Decidendi

Given satisfactory evidence that the respondent was incapacitated and had been lawfully removed as trustee and substituted, the court properly dispensed with service and a litigation guardian and ordered vesting of the specified land in the continuing trustees under s52 of the Trustee Act 1956; leave to proceed by originating application was appropriate.

Court Disposition

Application granted. Orders made to permit vesting of trust property in continuing trustees and to dispense with service and litigation guardian; leave granted to proceed by originating application.

Orders

  • Leave granted to bring the proceeding by way of originating application
  • Service of the application on Irene Elizabeth Pullar and on the beneficiaries is dispensed with