CRAW v CRAW [2019] NZHC 1392

CRAW v CRAW [2019] NZHC 1392

The court was satisfied the former trustee met the statutory test for disability under s 52(1)(b)(i) on medical evidence and therefore granted vesting orders transferring the specified registered mortgage instruments to the continuing trustees and granted the requested directions including non‑requirement for notice.

Citation
[2019] NZHC 1392
Parties
Plaintiff Trustee: Rea Daphynne Craw; Plaintiff Trustee: Lyndon John Craw; Plaintiff Trustee: Brenda Lynn Craw; Defendant Former Trustee: Graham John Craw
Court
High Court
Jurisdiction
New Zealand
Judgment Date
18 June 2019
Procedural Posture
Application Under S 52 Trustee Act 1956 (vesting of Mortgage Instruments) / Application for Vesting Orders and Directions (without Notice)
Outcome
Vesting orders granted and directions (including dispensing with notice) granted
Legal Topics
Vesting Orders, Trustee Disability, Section 52 Trustee Act 1956, Mortgage Instruments, Enduring Power of Attorney, Resignation of Trustee
Trusts Equity Property Law Elder Law Capacity Law Vesting Orders Trustee Disability Section 52 Trustee Act 1956 +3 more

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Parties

Rea Daphynne Craw

Plaintiff Trustee

Lyndon John Craw

Plaintiff Trustee

Brenda Lynn Craw

Plaintiff Trustee

Graham John Craw

Defendant Former Trustee

Procedural Posture

Application Under S 52 Trustee Act 1956 (vesting of Mortgage Instruments) / Application for Vesting Orders and Directions (without Notice)

Legal Issues

  1. 1 Whether the former trustee is under disability within s 52(1)(b)(i) of the Trustee Act 1956
  2. 2 Whether the court should vest registered mortgage instruments in the continuing trustees
  3. 3 Whether the without‑notice procedure and originating procedure directions are appropriate

Ratio Decidendi

The court was satisfied the former trustee met the statutory test for disability under s 52(1)(b)(i) on medical evidence and therefore granted vesting orders transferring the specified registered mortgage instruments to the continuing trustees and granted the requested directions including non‑requirement for notice.

Court Disposition

Vesting orders granted and directions (including dispensing with notice) granted

Orders

  • Defendant Graham John Craw declared under disability for the purposes of s 52(1)(b)(i) of the Trustee Act 1956.
  • Vesting order: mortgage instrument B499272.2 described in WN40C/659 together with WNE2/1079 is vested in the plaintiffs Rea Daphynne Craw, Lyndon John Craw and Brenda Lynn Craw jointly as mortgagees (M J Craw Family Trust).