OOI v TING [2016] NZHC 2583

OOI v TING [2016] NZHC 2583

The Declaration of Trust proved that the defendant held his registered interest on trust for the plaintiff and breached that trust by refusing to transfer; accordingly, pursuant to s 52(1)(g) Trustee Act 1956 the Court vested the defendant's right, title and interest absolutely in the plaintiff and authorised the Registrar to record the transfer; indemnity costs were awarded against the defendant for his conduct.

Citation
[2016] NZHC 2583
Parties
Plaintiff: Janet Ooi; Defendant: George Ting
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 October 2016
Procedural Posture
Declaration of Trust / Vesting Order / Formal Proof Hearing (judgment)
Outcome
Vesting order granted; defendant's registered interest vested absolutely in the plaintiff; indemnity costs awarded to plaintiff.
Legal Topics
Declaration of Trust, Vesting Order Under Trustee Act, Breach of Trust, Costs Indemnity
Trusts Property Equity Civil Procedure Declaration of Trust Vesting Order Under Trustee Act Breach of Trust Costs Indemnity

Case Brief

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Parties

Janet Ooi

Plaintiff

George Ting

Defendant

Procedural Posture

Declaration of Trust / Vesting Order / Formal Proof Hearing (judgment)

Legal Issues

  1. 1 Whether the Declaration of Trust (17 June 2010) established that the defendant held his legal interest on trust for the plaintiff
  2. 2 Whether the defendant breached that Declaration of Trust and whether the appropriate remedy is a vesting order
  3. 3 Whether s 52(1)(g) of the Trustee Act 1956 authorises vesting of the defendant's interest in the plaintiff

Ratio Decidendi

The Declaration of Trust proved that the defendant held his registered interest on trust for the plaintiff and breached that trust by refusing to transfer; accordingly, pursuant to s 52(1)(g) Trustee Act 1956 the Court vested the defendant's right, title and interest absolutely in the plaintiff and authorised the Registrar to record the transfer; indemnity costs were awarded against the defendant for his conduct.

Court Disposition

Vesting order granted; defendant's registered interest vested absolutely in the plaintiff; indemnity costs awarded to plaintiff.

Orders

  • The property at 71 De Havilland Drive, Goodwood Heights, Auckland (Lot 13 DP 184174 CT NA115A/431) is held on trust for the sole benefit of the plaintiff, Janet Ooi.
  • Pursuant to s 52(1)(g) Trustee Act 1956 the right, title and interest of the defendant, George Ting, in the property is vested absolutely in the plaintiff, Janet Ooi.