RE RODLEY (EJM FAMILY TRUST) [2023] NZHC 1411

RE RODLEY (EJM FAMILY TRUST) [2023] NZHC 1411

Leave to proceed by originating application was granted because the matter was administrative, unopposed and suitable for summary determination under r 19.5; because the trustee changes occurred before the Trusts Act 2019 commencement, sch 1 cl 11(2) required application of s 52 Trustee Act 1956; applicants were validly appointed trustees and beneficiaries consented; accordingly a vesting order under s 52 was necessary and properly granted to vest OT91/263 in the current trustees.

Citation
[2023] NZHC 1411
Parties
Applicant; Trustee for the Time Being: Jessica Ruth Rodley; Applicant; Trustee for the Time Being: Warwick James Graham; Trust: EJM Family Trust
Court
High Court
Jurisdiction
New Zealand
Judgment Date
7 June 2023
Procedural Posture
Application for Vesting Order Under Trustee Act 1956 / Application Determined on the Papers; Leave Granted and Vesting Order Made
Outcome
Application granted: leave to commence by originating application granted and vesting order made
Legal Topics
Vesting Order, Trustee Appointment and Registration, Transitional Provisions of Trusts Act 2019, Use of Originating Application Under High Court Rules
Trusts Property Law Civil Procedure Vesting Order Trustee Appointment and Registration Transitional Provisions of Trusts Act 2019 Use of Originating Application Under High Court Rules

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

Parties

Jessica Ruth Rodley

Applicant; Trustee for the Time Being

Warwick James Graham

Applicant; Trustee for the Time Being

EJM Family Trust

Trust

Procedural Posture

Application for Vesting Order Under Trustee Act 1956 / Application Determined on the Papers; Leave Granted and Vesting Order Made

Legal Issues

  1. 1 Whether leave should be granted to commence by originating application under r 19.5 High Court Rules
  2. 2 Whether a vesting order under s 52 Trustee Act 1956 should be made given transitional provisions of the Trusts Act 2019
  3. 3 Whether applicants are validly appointed trustees and whether beneficiaries' consent supports summary determination

Ratio Decidendi

Leave to proceed by originating application was granted because the matter was administrative, unopposed and suitable for summary determination under r 19.5; because the trustee changes occurred before the Trusts Act 2019 commencement, sch 1 cl 11(2) required application of s 52 Trustee Act 1956; applicants were validly appointed trustees and beneficiaries consented; accordingly a vesting order under s 52 was necessary and properly granted to vest OT91/263 in the current trustees.

Court Disposition

Application granted: leave to commence by originating application granted and vesting order made

Orders

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