GREEN AND DM HASTIE NOMINEES LTD [2019] NZHC 1634 ()

GREEN AND DM HASTIE NOMINEES LTD [2019] NZHC 1634 ()

The Court granted the vesting order because the present trustees were validly appointed by deed, the former registered proprietors included a person who was mentally incapacitated and unable to execute transfers, and s52 empowers the Court to vest the land in the duly appointed trustees where technical difficulties prevent the parties from effecting transfers themselves.

Citation
[2019] NZHC 1634
Parties
Applicant / Proposed Trustee: Michael Charles Bentley Green; Applicant / Trustee Company: DM Hastie Nominees Limited; Former Registered Proprietor / Former Trustee (mentally Incapacitated): Donald Andrew Hastie; Former Trustee (removed Due to Alzheimer's/dementia): Meryn Hastie; Former Trustee (replaced 2014): Ngaio Farms Ltd; Trust (beneficial Owner): D & M Hastie Family Trust (No. 1); Trust (beneficial Owner): D & M Hastie Family Trust (No. 2)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
12 July 2019
Procedural Posture
Application for Vesting Order Under Trustee Act 1956 / On the Papers; Judgment Granting Vesting Order
Outcome
Application granted
Legal Topics
Vesting Order, Trustee Appointment and Removal, Mental Incapacity of Trustee, Certificate of Title Transfer, Section 52 Trustee Act 1956, High Court Rules R19.5
Trusts Property Civil Procedure Equity Vesting Order Trustee Appointment and Removal Mental Incapacity of Trustee Certificate of Title Transfer +2 more

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Parties

Michael Charles Bentley Green

Applicant / Proposed Trustee

DM Hastie Nominees Limited

Applicant / Trustee Company

Donald Andrew Hastie

Former Registered Proprietor / Former Trustee (mentally Incapacitated)

Meryn Hastie

Former Trustee (removed Due to Alzheimer's/dementia)

Ngaio Farms Ltd

Former Trustee (replaced 2014)

D & M Hastie Family Trust (No. 1)

Trust (beneficial Owner)

D & M Hastie Family Trust (No. 2)

Trust (beneficial Owner)

Procedural Posture

Application for Vesting Order Under Trustee Act 1956 / On the Papers; Judgment Granting Vesting Order

Legal Issues

  1. 1 Whether the Court should make a vesting order under s52(1)(a) of the Trustee Act 1956 to change registered proprietors to newly appointed trustees
  2. 2 Whether former registered trustee's mental incapacity prevents execution of transfers such that court intervention is necessary
  3. 3 Whether technical difficulties can be remedied by the parties or require court order

Ratio Decidendi

The Court granted the vesting order because the present trustees were validly appointed by deed, the former registered proprietors included a person who was mentally incapacitated and unable to execute transfers, and s52 empowers the Court to vest the land in the duly appointed trustees where technical difficulties prevent the parties from effecting transfers themselves.

Court Disposition

Application granted

Orders

  • Leave granted to commence proceedings by originating application under r19.5 High Court Rules 2016.
  • Pursuant to section 52 of the Trustee Act 1956, the properties comprised in certificate of titles TN143/132, TNB1/788 and SA19B/1299 are vested in Michael Charles Bentley Green and DM Hastie Nominees Limited as trustees of the D & M Hastie Family Trust (No. 1) and the D & M Hastie Family Trust (No. 2) to have all...