11 Nov 2015
OND TRUSTEES LIMITED v FITZGERALD [2015] NZHC 2794
- Citation
- [2015] NZHC 2794
- Court
- High Court
The court granted the vesting order under s52 because the trust validly removed and replaced the incapacitated trustee under the trust deed, medical evidence confirmed incapacity, beneficiaries and the mortgagee consented, and it was appropriate to proceed by originating application and to dispense with formal service.