BUSHETT AND OTHERS v BUSHETT [2019] NZHC 3424

BUSHETT AND OTHERS v BUSHETT [2019] NZHC 3424

The Court concluded on the evidence that Beverley was under a disability within s 52(1)(b)(i), that she had been properly regarded as removed as trustee and replacements validly appointed, and that a vesting order was necessary to enable the trustees to deal with the property; accordingly the vesting order and leave...

Source-derived case information.

Citation
[2019] NZHC 3424
Parties
Applicant: Christopher Charles Bushett; Applicant: Michelle Ann Bushett; Applicant: CHB Trustees (CMB) Limited; Respondent: Beverley Elizabeth Bushett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 December 2019
Procedural Posture
Application Under S 52 Trustee Act 1956 for a Vesting Order / Determination on the Papers (judgment 19 December 2019)
Outcome
Application granted.
Legal Topics
Vesting Order, Section 52 Trustee Act 1956, Removal of Trustee, Mental Capacity, Litigation Guardian, Application Without Notice
Trusts Trustee Law Property Law Capacity Law Civil Procedure Vesting Order Section 52 Trustee Act 1956 Removal of Trustee +3 more

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Parties

Christopher Charles Bushett

Applicant

Michelle Ann Bushett

Applicant

CHB Trustees (CMB) Limited

Applicant

Beverley Elizabeth Bushett

Respondent

Procedural Posture

Application Under S 52 Trustee Act 1956 for a Vesting Order / Determination on the Papers (judgment 19 December 2019)

Legal Issues

  1. 1 Whether a vesting order under s 52 Trustee Act 1956 should be made to vest trust property in newly appointed trustees
  2. 2 Whether the application could properly be brought and determined without notice
  3. 3 Whether a litigation guardian should be appointed for the incapacitated beneficiary and minor beneficiaries

Ratio Decidendi

The Court concluded on the evidence that Beverley was under a disability within s 52(1)(b)(i), that she had been properly regarded as removed as trustee and replacements validly appointed, and that a vesting order was necessary to enable the trustees to deal with the property; accordingly the vesting order and leave to proceed without notice were granted and no litigation guardian was required.

Court Disposition

Application granted.

Orders

  • Leave granted to bring the application by way of originating application and without notice.
  • Pursuant to s 52(1)(b)(i) Trustee Act 1956, the property at 225 Porangahau Road, Waipukerau (Lot 1 DP 348341 CT 198412 and Lot 2 DP 348341 CT 198413), currently registered in the names of Beverley Elizabeth Bushett and CHB Trustees (CMB) Limited as trustees of the CMB Trust, is vested in Christopher Charles Bushett,...