Elaine Dorothy Everitt and Brenda MacCormack as trustees of the Elaine Everitt Family Trust [2019] NZHC 316

Elaine Dorothy Everitt and Brenda MacCormack as trustees of the Elaine Everitt Family Trust [2019] NZHC 316

The court found that Mr Tauwhare remained a registered proprietor of the trust land and, on medical evidence, was under a disability within s 52(1)(b)(i); he had validly retired as trustee and been replaced, and therefore a vesting order correcting the register and vesting the property in the continuing trustees was warranted to enable refinancing and to give effect to the trust.

Citation
[2019] NZHC 316
Parties
Plaintiff and Trustee: Elaine Dorothy Everitt; Plaintiff and Trustee: Brenda MacCormack
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 March 2019
Procedural Posture
Vesting Order Application Under Trustee Act 1956 / Judgment on Application (on the Papers)
Outcome
Vesting order granted.
Legal Topics
Vesting Order, Trusteeship, Capacity/disability, Trust Property Transfer, Mortgages and Refinancing
Trusts Property Equity Civil Procedure Vesting Order Trusteeship Capacity/disability Trust Property Transfer +1 more

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Parties

Elaine Dorothy Everitt

Plaintiff and Trustee

Brenda MacCormack

Plaintiff and Trustee

Procedural Posture

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

Legal Issues

  1. 1 Whether s 52(1)(b)(i) Trustee Act 1956 applies where a retired trustee remains on title and is under disability
  2. 2 Whether the Court should make a vesting order to correct the register and enable refinancing to repay a joint loan
  3. 3 Whether the statutory requirements for a vesting order under s 52 are established

Ratio Decidendi

The court found that Mr Tauwhare remained a registered proprietor of the trust land and, on medical evidence, was under a disability within s 52(1)(b)(i); he had validly retired as trustee and been replaced, and therefore a vesting order correcting the register and vesting the property in the continuing trustees was warranted to enable refinancing and to give effect to the trust.

Court Disposition

Vesting order granted.

Orders

  • The property at 2/73 Randwick Crescent Moera, Lower Hutt, being Lot 2 Deposited Plan 85756 (Identifier WN53C/335) is vested in Ms Elaine Everitt and Ms Brenda MacCormack as trustees of the Elaine Everitt Family Trust.