RE BARNES [2016] NZHC 327

RE BARNES [2016] NZHC 327

Because the retirement and removal of trustees were effected in accordance with the Trust Deed and the evidence established Mr Creed's permanent incapacity making service pointless, the court granted leave under Part 19, dispensed with service on Mr Creed and ordered vesting of the specified property in the newly...

Source-derived case information.

Citation
[2016] NZHC 327
Parties
Applicant Trustee: Ross Barnes; Applicant Trustee: Josephine Margarita Jane Barnes; Trustee Under Disability/retired Solicitor: Mr Creed
Court
High Court
Jurisdiction
New Zealand
Judgment Date
2 March 2016
Procedural Posture
Application Under Part 19 High Court Rules for Vesting Order Under the Trustee Act 1956 / Application on the Papers — Interlocutory Vesting Application
Outcome
Application granted
Legal Topics
Trustee Removal, Vesting Order, Incapacity of Trustee, Service Dispensation, Trust Administration
Trusts Equity Civil Procedure Trustee Removal Vesting Order Incapacity of Trustee Service Dispensation Trust Administration

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Parties

Ross Barnes

Applicant Trustee

Josephine Margarita Jane Barnes

Applicant Trustee

Mr Creed

Trustee Under Disability/retired Solicitor

Procedural Posture

Application Under Part 19 High Court Rules for Vesting Order Under the Trustee Act 1956 / Application on the Papers — Interlocutory Vesting Application

Legal Issues

  1. 1 Whether the court should vest trust property in newly appointed trustees under s 52(2) of the Trustee Act 1956
  2. 2 Whether service on a trustee who is incapacitated should be dispensed with under the High Court Rules
  3. 3 Whether the retirement and removal of trustees effected under the Trust Deed are valid and sufficient to support a vesting order

Ratio Decidendi

Because the retirement and removal of trustees were effected in accordance with the Trust Deed and the evidence established Mr Creed's permanent incapacity making service pointless, the court granted leave under Part 19, dispensed with service on Mr Creed and ordered vesting of the specified property in the newly appointed trustees under s 52(2) of the Trustee Act 1956.

Court Disposition

Application granted

Orders

  • Leave granted to bring the application under Part 19 of the High Court Rules
  • Service on Mr Creed dispensed