Application for Vesting order – Wally Webb Family Trust [2022] NZHC 1634

Application for Vesting order – Wally Webb Family Trust [2022] NZHC 1634

Given the absence of opposition, the resignation of the former trustee, the co-trustee's incapacity and subsequent death, and counsel's clarification as to the relief sought, the Court will exercise its statutory and inherent jurisdiction to make a vesting order substituting Janine Marie Roe for Christopher Antony Podwin on the specified certificate of title, dispense service and direct that reasonable costs of the application be paid from trust resources; substitution rather than transfer was ordered because no relief was sought in relation to the deceased co-trustee's title.

Citation
[2022] NZHC 1634
Parties
Applicant / Trustee: Janine Marie Roe; Trust (registered Proprietor): Wally Webb Family Trust; Former Trustee (resigned): Christopher Antony Podwin; Trustee (deceased): Wallace (Wally) Webb
Court
High Court
Jurisdiction
New Zealand
Judgment Date
13 July 2022
Procedural Posture
Application for Vesting Order and Directions in Trust Administration / Judgment / Decision on Originating Application
Outcome
Application granted: vesting order substituting Janine Marie Roe for Christopher Antony Podwin on Certificate of Title NA899/200; service dispensed; costs payable from trust; leave reserved for consequential orders.
Legal Topics
Vesting Order, Trustee Substitution, Certificate of Title, Service Dispensed, Costs Borne by Trust
Trusts Property Civil Procedure Vesting Order Trustee Substitution Certificate of Title Service Dispensed Costs Borne by Trust

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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Janine Marie Roe

Applicant / Trustee

Wally Webb Family Trust

Trust (registered Proprietor)

Christopher Antony Podwin

Former Trustee (resigned)

Wallace (Wally) Webb

Trustee (deceased)

Procedural Posture

Application for Vesting Order and Directions in Trust Administration / Judgment / Decision on Originating Application

Legal Issues

  1. 1 Whether a vesting order substituting a trustee on title should be made
  2. 2 Whether service of proceedings should be dispensed with
  3. 3 Whether costs of the application should be paid from trust resources

Ratio Decidendi

Given the absence of opposition, the resignation of the former trustee, the co-trustee's incapacity and subsequent death, and counsel's clarification as to the relief sought, the Court will exercise its statutory and inherent jurisdiction to make a vesting order substituting Janine Marie Roe for Christopher Antony Podwin on the specified certificate of title, dispense service and direct that reasonable costs of the application be paid from trust resources; substitution rather than transfer was ordered because no relief was sought in relation to the deceased co-trustee's title.

Court Disposition

Application granted: vesting order substituting Janine Marie Roe for Christopher Antony Podwin on Certificate of Title NA899/200; service dispensed; costs payable from trust; leave reserved for consequential orders.

Orders

  • Proceedings to be commenced by way of originating application
  • Service of these proceedings on any other party is dispensed with