LAING v YOUNG [2019] NZHC 2602

LAING v YOUNG [2019] NZHC 2602

Because the application was administrative, the respondent was incapacitated and unable to participate, and all other beneficiaries consented, the Court properly granted leave to proceed by originating application, dispensed with service and the appointment of a litigation guardian, and made a vesting order under s 52 Trustee Act 1956 transferring the specified property to the applicants as trustees, with costs payable from the trust assets.

Citation
[2019] NZHC 2602
Parties
Plaintiff/applicant: James Alan Laing; Plaintiff/applicant: Graham Allan Heaphy; Defendant/respondent: Helen Joan Young
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 October 2019
Procedural Posture
Trusts Vesting Order Under Trustee Act 1956 / Vesting Application Determined on the Papers (judgment)
Outcome
Application granted: leave to proceed by originating application; service and litigation guardian dispensed with; property vested in applicants; costs payable from trust assets.
Legal Topics
Vesting Order, Removal of Trustee, Litigation Guardian, Service Dispensed, Administration of Trust
Trusts Equity Civil Procedure Vesting Order Removal of Trustee Litigation Guardian Service Dispensed Administration of Trust

Case Brief

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Parties

James Alan Laing

Plaintiff/applicant

Graham Allan Heaphy

Plaintiff/applicant

Helen Joan Young

Defendant/respondent

Procedural Posture

Trusts Vesting Order Under Trustee Act 1956 / Vesting Application Determined on the Papers (judgment)

Legal Issues

  1. 1 Whether the proceeding could be brought by originating application
  2. 2 Whether to dispense with service on the incapacitated trustee and appointing a litigation guardian
  3. 3 Whether a vesting order under s 52 of the Trustee Act 1956 should be made

Ratio Decidendi

Because the application was administrative, the respondent was incapacitated and unable to participate, and all other beneficiaries consented, the Court properly granted leave to proceed by originating application, dispensed with service and the appointment of a litigation guardian, and made a vesting order under s 52 Trustee Act 1956 transferring the specified property to the applicants as trustees, with costs payable from the trust assets.

Court Disposition

Application granted: leave to proceed by originating application; service and litigation guardian dispensed with; property vested in applicants; costs payable from trust assets.

Orders

  • Leave granted for this proceeding to be brought by way of originating application
  • Dispense with the appointment of a litigation guardian in respect of Helen Joan Young and dispense with service of this application upon her or upon any other person