13 Jul 2016
HIGHLEY v HIGHLEY [2016] NZHC 1580
- Citation
- [2016] NZHC 1580
- Court
- High Court
The Court vested the trust realty in the remaining and replacement trustees under s 52(1)(b)(i) because Mr Highley, who held the land as trustee, is under a disability and cannot exercise his trustee powers; the trust deed was amended to vest the appointment power in Ms Highley to reflect settlor intent and to address incapacity; commencement by originating application and dispensing with service on the incapacitated respondent were appropriate in the circumstances.