RE DELANEY [2017] NZHC 2276

RE DELANEY [2017] NZHC 2276

AJLP Trustees Ltd was validly appointed under s43, Bruce Delaney is mentally incapable and continuing trustees cannot manage the trust while he remains on title; under s52 it was expedient to vest the land in the present trustees to enable sale to meet the mortgage and the needs of Bruce and beneficiaries, and no interested person was prejudiced, therefore vesting order was justified.

Citation
[2017] NZHC 2276
Parties
Applicant / Trustee: Nigel Graham Delaney; Applicant / Trustee: Barbara Delaney; Applicant / Trustee: AJLP Trustees Limited
Court
High Court
Jurisdiction
New Zealand
Judgment Date
20 September 2017
Procedural Posture
Trusts – Application for Vesting Orders Under Trustee Act 1956 / Without Notice Originating Application Heard on Duty List; Judgment Delivered 20 September 2017
Outcome
Application granted; vesting order made
Legal Topics
Vesting Orders, Appointment and Removal of Trustees, Mental Capacity of Settlor/trustee, Sale of Trust Property
Trusts Property Equity Vesting Orders Appointment and Removal of Trustees Mental Capacity of Settlor/trustee Sale of Trust Property

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Parties

Nigel Graham Delaney

Applicant / Trustee

Barbara Delaney

Applicant / Trustee

AJLP Trustees Limited

Applicant / Trustee

Procedural Posture

Trusts – Application for Vesting Orders Under Trustee Act 1956 / Without Notice Originating Application Heard on Duty List; Judgment Delivered 20 September 2017

Legal Issues

  1. 1 Whether AJLP Trustees Ltd validly appointed under s43 Trustee Act 1956
  2. 2 Whether the Court should make a vesting order under s52 Trustee Act 1956
  3. 3 Whether vesting is expedient and whether any interested persons are prejudiced

Ratio Decidendi

AJLP Trustees Ltd was validly appointed under s43, Bruce Delaney is mentally incapable and continuing trustees cannot manage the trust while he remains on title; under s52 it was expedient to vest the land in the present trustees to enable sale to meet the mortgage and the needs of Bruce and beneficiaries, and no interested person was prejudiced, therefore vesting order was justified.

Court Disposition

Application granted; vesting order made

Orders

  • Vesting the land situated at 89 Centennial Drive, Whitianga, being all the land comprised and described in certificate of title identifier SA18B/1265 (South Auckland Land Registration District), which is currently registered in the names of Bruce Graham Delaney, Nigel Graham Delaney and Barbara Delaney, in the names...