FABISH [2017] NZHC 1045

FABISH [2017] NZHC 1045

It was expedient and impracticable to appoint trustees without court intervention given all original trustees were deceased and the committee had been managing the hall; accordingly the Court exercised its s51 power to appoint the committee members as trustees.

Citation
[2017] NZHC 1045
Parties
Applicant: Paul William Fabish; Applicant: Denise May Loveridge; Applicant: Thomas Rupert Loveridge; Applicant: Andrew Kelvin McElroy; Applicant: Dorothy Michelle Oakes; Applicant: Tania Maree Simpson; Applicant: Cindy Lee Baldwin; Applicant: Kevin Ronald Bennett
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 May 2017
Procedural Posture
Application for Appointment of Trustees Under S51 Trustee Act 1956 / Judgment on Application (on the Papers)
Outcome
Application granted
Legal Topics
Appointment of Trustees, Trust Administration, Sale of Trust Property, Court Powers Under Trustee Act 1956 S51
Trusts Property Civil Procedure Appointment of Trustees Trust Administration Sale of Trust Property Court Powers Under Trustee Act 1956 S51

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Parties

Paul William Fabish

Applicant

Denise May Loveridge

Applicant

Thomas Rupert Loveridge

Applicant

Andrew Kelvin McElroy

Applicant

Dorothy Michelle Oakes

Applicant

Tania Maree Simpson

Applicant

Cindy Lee Baldwin

Applicant

Kevin Ronald Bennett

Applicant

Procedural Posture

Application for Appointment of Trustees Under S51 Trustee Act 1956 / Judgment on Application (on the Papers)

Legal Issues

  1. 1 Whether the Court should appoint new trustees under s51 of the Trustee Act 1956 where all original trustees are deceased
  2. 2 Whether it is impracticable to appoint trustees without court assistance
  3. 3 Whether the members of the managing committee are appropriate persons to be appointed trustees

Ratio Decidendi

It was expedient and impracticable to appoint trustees without court intervention given all original trustees were deceased and the committee had been managing the hall; accordingly the Court exercised its s51 power to appoint the committee members as trustees.

Court Disposition

Application granted

Orders

  • Leave to commence proceedings by way of an originating application is granted
  • Paul William Fabish, Denise May Loveridge, Thomas Rupert Loveridge, Andrew Kelvin McElroy, Dorothy Michelle Oakes, Tania Maree Simpson, Cindy Lee Baldwin and Kevin Ronald Bennett are appointed as trustees of the Tariki Hall Trust