Re an application by S L Ringham for vesting orders [2016] NZHC 1808

Re an application by S L Ringham for vesting orders [2016] NZHC 1808

Given uncontested medical evidence that Neil Ringham is under total disability, the unconditional contract for sale and absence of discretionary factors against vesting, the Court exercised its power under s 52 Trustee Act 1956 to vest the specified trust property in the two applicant co-trustees, dispensed with service on the incapacitated trustee, directed service on Carol Joan Wiki and ordered the vesting order to lie in court pending her signed consent.

Citation
[2016] NZHC 1808
Parties
Applicant and Co Trustee: Sandra Lee Ringham; Applicant and Co Trustee: Caroline Ringham; Co Trustee Under Disability: Neil Henry Ringham; Welfare Guardian and Property Manager / Potential Respondent: Carol Joan Wiki
Court
High Court
Jurisdiction
New Zealand
Judgment Date
5 August 2016
Procedural Posture
Trust Vesting Order Application (trustee Act 1956) / Judgment on Originating Application (on the Papers With Telephone Conference)
Outcome
Application granted. Permission to commence by originating application granted; service on Neil dispensed with; order vesting the property in the applicants made; order to lie in court pending consent of Carol Joan Wiki; costs and incidentals to be paid from Trust funds; leave reserved for further application.
Legal Topics
Vesting Orders, Disability of Trustee, Transfer of Trust Property, Service and Representation, Permission to Commence by Originating Application
Trusts Law Property Law Family Law Court Procedure Vesting Orders Disability of Trustee Transfer of Trust Property Service and Representation +1 more

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Parties

Sandra Lee Ringham

Applicant and Co Trustee

Caroline Ringham

Applicant and Co Trustee

Neil Henry Ringham

Co Trustee Under Disability

Carol Joan Wiki

Welfare Guardian and Property Manager / Potential Respondent

Procedural Posture

Trust Vesting Order Application (trustee Act 1956) / Judgment on Originating Application (on the Papers With Telephone Conference)

Legal Issues

  1. 1 Whether Neil Henry Ringham is a trustee 'under disability' for the purposes of s 52 Trustee Act 1956
  2. 2 Whether the Court should make a vesting order under s 52 of the Trustee Act 1956 to enable settlement of the sale
  3. 3 Whether service on the incapacitated trustee could be dispensed with

Ratio Decidendi

Given uncontested medical evidence that Neil Ringham is under total disability, the unconditional contract for sale and absence of discretionary factors against vesting, the Court exercised its power under s 52 Trustee Act 1956 to vest the specified trust property in the two applicant co-trustees, dispensed with service on the incapacitated trustee, directed service on Carol Joan Wiki and ordered the vesting order to lie in court pending her signed consent.

Court Disposition

Application granted. Permission to commence by originating application granted; service on Neil dispensed with; order vesting the property in the applicants made; order to lie in court pending consent of Carol Joan Wiki; costs and incidentals to be paid from Trust funds; leave reserved for further application.

Orders

  • Permission granted to commence the proceeding as an originating application
  • Service of the proceeding on Neil Henry Ringham dispensed with