KEELEY v THE CROWN [2019] NZHC 2533

KEELEY v THE CROWN [2019] NZHC 2533

On the evidence the Court inferred that the company held the property on trust for Hector Keeley (notwithstanding a director's misleading declaration), the Crown did not oppose vesting, and consequently a vesting order should be made under s 52(1)(h) of the Trustee Act 1956 to vest the property in the applicants.

Citation
[2019] NZHC 2533
Parties
Plaintiff/applicant: Bruce Terrence Keeley; Plaintiff/applicant: Rana Marie Keeley; Respondent: The Crown
Court
High Court
Jurisdiction
New Zealand
Judgment Date
4 October 2019
Procedural Posture
Application for Vesting Order Under the Companies Act 1993 and Trustee Act 1956 / Judgment (formal Proof Hearing)
Outcome
Vesting order granted in favour of Bruce Terrence Keeley and Rana Marie Keeley under s 52(1)(h) Trustee Act 1956; no order as to costs.
Legal Topics
Vesting Order, Company Removal and Crown Vesting, Title Transfer, Declaration of Trust, Administrator's Application
Companies Law Trusts and Trustees Property Law Succession and Estate Administration Vesting Order Company Removal and Crown Vesting Title Transfer Declaration of Trust +1 more

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Parties

Bruce Terrence Keeley

Plaintiff/applicant

Rana Marie Keeley

Plaintiff/applicant

The Crown

Respondent

Procedural Posture

Application for Vesting Order Under the Companies Act 1993 and Trustee Act 1956 / Judgment (formal Proof Hearing)

Legal Issues

  1. 1 Whether the company held the property on trust for the deceased such that the beneficial interest survived removal of the company from the register
  2. 2 Whether the property vested in the Crown on removal of the company or remained subject to the deceased's equitable interest
  3. 3 Whether a vesting order should be made under s 324 Companies Act 1993 or s 52(1)(h) Trustee Act 1956

Ratio Decidendi

On the evidence the Court inferred that the company held the property on trust for Hector Keeley (notwithstanding a director's misleading declaration), the Crown did not oppose vesting, and consequently a vesting order should be made under s 52(1)(h) of the Trustee Act 1956 to vest the property in the applicants.

Court Disposition

Vesting order granted in favour of Bruce Terrence Keeley and Rana Marie Keeley under s 52(1)(h) Trustee Act 1956; no order as to costs.

Orders

  • Order vesting the property at 53 Denby Street, Whangarei (Lot 16 Deposited Plan 56519 NA9C/756519) in Bruce Terrence Keeley and Rana Marie Keeley under s 52(1)(h) Trustee Act 1956
  • No order as to costs