R MITCHELL [2020] NZHC 1525

R MITCHELL [2020] NZHC 1525

Given that the former trustees were deceased or incapacitated and removed, and equitable ownership was held by the continuing trustees, it was appropriate and expedient for the court to vest the two omitted properties in the current trustees to allow proper administration; costs incidental to the application are to be met from trust funds.

Citation
[2020] NZHC 1525
Parties
Applicant Trustee: Fleur Nina Mitchell; Applicant Trustee: Allan Brooke Mitchell (Junior); Trust (subject): A B Mitchell No. 3 Family Trust (Remuera Trust)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 July 2020
Procedural Posture
Application Under Trustee Act 1956 for Vesting Orders / Judgment on the Papers
Outcome
Vesting orders granted in favour of the applicants; costs to be met by the Remuera Trust
Legal Topics
Vesting Orders, Trustee Removal, Registration of Title, Inherent Jurisdiction
Trusts Property Equity Civil Procedure Vesting Orders Trustee Removal Registration of Title Inherent Jurisdiction

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Parties

Fleur Nina Mitchell

Applicant Trustee

Allan Brooke Mitchell (Junior)

Applicant Trustee

A B Mitchell No. 3 Family Trust (Remuera Trust)

Trust (subject)

Procedural Posture

Application Under Trustee Act 1956 for Vesting Orders / Judgment on the Papers

Legal Issues

  1. 1 Whether the court should vest legal title to two omitted trust properties in the current trustees
  2. 2 Whether legal title should follow equitable title where former trustees are deceased or incapacitated
  3. 3 Whether costs of the application should be met from trust funds

Ratio Decidendi

Given that the former trustees were deceased or incapacitated and removed, and equitable ownership was held by the continuing trustees, it was appropriate and expedient for the court to vest the two omitted properties in the current trustees to allow proper administration; costs incidental to the application are to be met from trust funds.

Court Disposition

Vesting orders granted in favour of the applicants; costs to be met by the Remuera Trust

Orders

  • The interest of the Remuera Trust in 66 Seddon Street, Raetihi, WN298/143 (Lot 1 DP 5862) be vested in and transferred to Fleur Nina Mitchell and Allan Brooke Mitchell (date of birth 20 February 1985).
  • The interest of the Remuera Trust in 56 Seddon Street, Raetihi, WN673/41 (Section 66 Block III Township of Raetihi and Part Section 79 Block III Township of Raetihi) be vested in and transferred to Fleur Nina Mitchell and Allan Brooke Mitchell (date of birth 20 February 1985).