WEST v WEST [2019] NZHC 3400

WEST v WEST [2019] NZHC 3400

Given the respondent’s established incapacity and valid removal as trustee under s 43, the Court must grant a vesting order under s 52 to align registered title with the current trustees; because the application is administrative, the Court will allow commencement by originating application, dispense formal service and decline to appoint a litigation guardian as no prejudice arises.

Citation
[2019] NZHC 3400
Parties
Applicants Trustees of the West Family Trust: Raymond Lynn West and Corinne Moana Ward; Respondent Former Trustee: Jean Margaret West
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 December 2019
Procedural Posture
Application for Vesting Order Under the Trustee Act 1956 / Application Heard on the Papers; Judgment Delivered
Outcome
Application granted in full.
Legal Topics
Vesting Order, Removal of Incapacitated Trustee, Capacity, Litigation Guardian, Service Dispensed
Trusts Property Equity Civil Procedure Vesting Order Removal of Incapacitated Trustee Capacity Litigation Guardian +1 more

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Parties

Raymond Lynn West and Corinne Moana Ward

Applicants Trustees of the West Family Trust

Jean Margaret West

Respondent Former Trustee

Procedural Posture

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

Legal Issues

  1. 1 Whether a vesting order under s 52 Trustee Act 1956 was required to transfer trust property following removal of an incapacitated trustee
  2. 2 Whether the Court should grant leave to commence by originating application
  3. 3 Whether service of the application could be dispensed with

Ratio Decidendi

Given the respondent’s established incapacity and valid removal as trustee under s 43, the Court must grant a vesting order under s 52 to align registered title with the current trustees; because the application is administrative, the Court will allow commencement by originating application, dispense formal service and decline to appoint a litigation guardian as no prejudice arises.

Court Disposition

Application granted in full.

Orders

  • Leave granted to commence proceedings by originating application
  • Service of the originating application and related documents dispensed with