NEWING & HART [2019] NZHC 2249

NEWING & HART [2019] NZHC 2249

The Court was satisfied on the affidavit evidence that the existing trustees were medically incapacitated and had been replaced, that a vesting order under s 52 was necessary to vest the property in the current trustees, and that commencing the proceedings without notice and granting the order on the papers was appropriate; accordingly the Court made the vesting order.

Citation
[2019] NZHC 2249
Parties
Applicant (trustee): Robyn Suzanne Newing; Applicant (trustee): Craig Paterson Hart; Registered Proprietor: Mervyn Alva Howell; Registered Proprietor: Noelene Melva Howell
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 September 2019
Procedural Posture
Vesting Order (trustee Act 1956) / Application for Vesting Order Commenced Without Notice; Granted on the Papers
Outcome
Application for vesting order granted
Legal Topics
Vesting Order, Trustee Incapacity, Title Transfer
Trusts Property Civil Procedure Vesting Order Trustee Incapacity Title Transfer

Case Brief

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Parties

Robyn Suzanne Newing

Applicant (trustee)

Craig Paterson Hart

Applicant (trustee)

Mervyn Alva Howell

Registered Proprietor

Noelene Melva Howell

Registered Proprietor

Procedural Posture

Vesting Order (trustee Act 1956) / Application for Vesting Order Commenced Without Notice; Granted on the Papers

Legal Issues

  1. 1 Whether the Court should make a vesting order under s 52 of the Trustee Act 1956 to transfer property into the names of the current trustees
  2. 2 Whether the without‑notice procedure was appropriate in the circumstances

Ratio Decidendi

The Court was satisfied on the affidavit evidence that the existing trustees were medically incapacitated and had been replaced, that a vesting order under s 52 was necessary to vest the property in the current trustees, and that commencing the proceedings without notice and granting the order on the papers was appropriate; accordingly the Court made the vesting order.

Court Disposition

Application for vesting order granted

Orders

  • Order vesting the property at 6 Chertsey Court, Palmerston North (Record of Title WN19B/758) in the names of Robyn Suzanne Newing and Craig Paterson Hart in their capacity as trustees of the MA & NM Howell Trust
  • Permission granted to commence proceedings by way of originating application without notice