RE A J AND E J WALLACE FAMILY TRUST [2020] NZHC 1522

RE A J AND E J WALLACE FAMILY TRUST [2020] NZHC 1522

Leave to commence by originating application was granted under r19.5, service on beneficiaries was dispensed with, and a vesting order under s52 was made because the application was administrative and non-contentious, beneficiaries' rights would not be affected, a beneficiary consents, and the vesting was necessary to enable settlement of an unconditional sale.

Citation
[2020] NZHC 1522
Parties
Applicants/trustees: Jacqueline Anne Woolerton and Leslie George Miller; Original Trustee (deceased): Robert Allan Wallace; Trust: A J and E K Wallace Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 July 2020
Procedural Posture
Trust Vesting Application (trustee Act 1956) / Application for Leave to Commence by Originating Application; Directions and Vesting Order on the Papers
Outcome
Application granted
Legal Topics
Vesting Order, Trustee Appointment, Service Dispensed, High Court Rules R19.5
Trusts Property Civil Procedure Vesting Order Trustee Appointment Service Dispensed High Court Rules R19.5

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jacqueline Anne Woolerton and Leslie George Miller

Applicants/trustees

Robert Allan Wallace

Original Trustee (deceased)

A J and E K Wallace Family Trust

Trust

Procedural Posture

Trust Vesting Application (trustee Act 1956) / Application for Leave to Commence by Originating Application; Directions and Vesting Order on the Papers

Legal Issues

  1. 1 Whether leave to commence by originating application should be granted under r19.5 High Court Rules 2016
  2. 2 Whether service on the beneficiaries should be dispensed with
  3. 3 Whether a vesting order under s52 Trustee Act 1956 should be made to vest trust property in the new trustees

Ratio Decidendi

Leave to commence by originating application was granted under r19.5, service on beneficiaries was dispensed with, and a vesting order under s52 was made because the application was administrative and non-contentious, beneficiaries' rights would not be affected, a beneficiary consents, and the vesting was necessary to enable settlement of an unconditional sale.

Court Disposition

Application granted

Orders

  • Leave granted to commence the proceeding by originating application
  • Service on the beneficiaries dispensed with