RE BLEEKER [2023] NZHC 3511

RE BLEEKER [2023] NZHC 3511

The Court found the applicants were validly appointed by the executor exercising her power under the will, the applicants had consented and were prepared to act as trustees, and s 52 of the Trustee Act 1956 authorises the Court to vest the land in trustees; r 19.5 authorised commencement by originating application in the interests of justice; accordingly the vesting order was granted and Trusts Act 2019 did not apply.

Citation
[2023] NZHC 3511
Parties
Applicant (trustee): Simon Jacobus Bleeker; Applicant (trustee): Ben Nicolas Geaney
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 December 2023
Procedural Posture
Vesting Order Application (trustee Act 1956) / Determination on the Papers; Application for Vesting Order
Outcome
Application granted.
Legal Topics
Vesting Order, Trustee Appointment, Power of Appointment by Executor, High Court Rules Pt 19, Interpretation of Trustee Act 1956 S 52
Trusts Property Law Equity Civil Procedure Vesting Order Trustee Appointment Power of Appointment by Executor High Court Rules Pt 19 +1 more

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Parties

Simon Jacobus Bleeker

Applicant (trustee)

Ben Nicolas Geaney

Applicant (trustee)

Procedural Posture

Vesting Order Application (trustee Act 1956) / Determination on the Papers; Application for Vesting Order

Legal Issues

  1. 1 Whether the applicants were validly appointed trustees entitled to have the trust property vested in them
  2. 2 Whether the court should grant a vesting order under s 52 of the Trustee Act 1956
  3. 3 Whether the proceeding could be commenced by originating application under pt 19 of the High Court Rules

Ratio Decidendi

The Court found the applicants were validly appointed by the executor exercising her power under the will, the applicants had consented and were prepared to act as trustees, and s 52 of the Trustee Act 1956 authorises the Court to vest the land in trustees; r 19.5 authorised commencement by originating application in the interests of justice; accordingly the vesting order was granted and Trusts Act 2019 did not apply.

Court Disposition

Application granted.

Orders

  • Leave granted to commence the proceeding by way of originating application pursuant to High Court Rules r 19.5
  • The property known as the Makikihi Hall, being all the land in Identifier CB13K/697, vests in the applicants Simon Jacobus Bleeker and Ben Nicolas Geaney