7 Nov 2019
Application for Vesting Order – Taylor v Plant [2019] NZHC 2859
- Citation
- [2019] NZHC 2859
- Court
- High Court
A vesting order under s52 Trustee Act 1956 was warranted to enable the sale because the registered owner lacked capacity; the correct method was to vest the undivided half shares separately to the applicant in his capacities (one half as attorney for Mrs Plant and one half as administrator of the Estate) so proceeds and accounts remain distinct; leave and dispensing of service were appropriate and costs are to be shared equally between Mrs Plant and the Estate.