In re Williams [2015] NZHC 2206

In re Williams [2015] NZHC 2206

Because Mr Creed was established to be under disability by medical evidence and the applicants validly removed and replaced him under clause 15 of the trust deed, s 52 of the Trustee Act 1956 authorised the Court to vest the trust land in the continuing and newly appointed trustees; r 19.5 permitted commencement by...

Source-derived case information.

Citation
[2015] NZHC 2206
Parties
Applicant/trustee: John Williams; Applicant/trustee: Sheila Mary Williams; Former Trustee/respondent: Dennis Creed
Court
High Court
Jurisdiction
New Zealand
Judgment Date
11 September 2015
Procedural Posture
Removal and Appointment of Trustee; Vesting Order Under Trustee Act 1956 / Application Decided on the Papers; Final Judgment
Outcome
Application granted
Legal Topics
Vesting Order Under Trustee Act 1956, Removal and Appointment of Trustee, High Court Rules R 19.5, Dispensation of Service
Trusts Property Civil Procedure Vesting Order Under Trustee Act 1956 Removal and Appointment of Trustee High Court Rules R 19.5 Dispensation of Service

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Parties

John Williams

Applicant/trustee

Sheila Mary Williams

Applicant/trustee

Dennis Creed

Former Trustee/respondent

Procedural Posture

Removal and Appointment of Trustee; Vesting Order Under Trustee Act 1956 / Application Decided on the Papers; Final Judgment

Legal Issues

  1. 1 Whether r 19.5 permits commencement by originating application in these circumstances
  2. 2 Whether s 52 of the Trustee Act 1956 authorises vesting of trust land where a trustee is under disability
  3. 3 Whether service on an incapacitated trustee can be dispensed with

Ratio Decidendi

Because Mr Creed was established to be under disability by medical evidence and the applicants validly removed and replaced him under clause 15 of the trust deed, s 52 of the Trustee Act 1956 authorised the Court to vest the trust land in the continuing and newly appointed trustees; r 19.5 permitted commencement by originating application and service on the incapacitated trustee could be dispensed with.

Court Disposition

Application granted

Orders

  • Leave is granted to commence the proceeding by originating application.
  • Service of the proceeding on Mr Dennis Creed is dispensed with.