5 Dec 2019
Because the respondent has irreversibly lost capacity and an additional trustee was appointed to avoid leaving a sole trustee who is also a beneficiary, the court had jurisdiction under s 51 Trustee Act 1956 to remove the respondent as trustee of the Gordon F McDowall Family Trust and to make a vesting order to vest the specified property in the continuing trustees for proper administration of the trust.
15 Oct 2018
The court was satisfied on medical evidence that the sole surviving trustee was incapacitated and therefore correctly exercised its statutory powers under s51 Trustee Act 1956 to remove her and appoint new trustees and under s47 to vest trust property in them; service was dispensed with because no other person was affected, so final orders were appropriate.
5 Apr 2018
The Court was satisfied on the evidence that the trustee Colin Norman Gordon had lost capacity and that the filed affidavits and memorandum provided sufficient information about the trust property and beneficiaries; accordingly, under s 52 of the Trustee Act 1956 the Court could and should vest title to the specified land in the replacement trustees (Jonathan Mark Gordon and Susan Gordon) and dispense with service on the incapacitated trustee.
23 Feb 2009
The defendant's failure to disclose and correct the factual position regarding the signing capacity until the last working day misled the plaintiff and caused wasted preparation; these exceptional circumstances justified departing from the usual practice of reserving costs and awarding costs against the defendant personally on a Category 2B basis plus disbursements.