New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Capacity to manage affairs

Legal area

Court

17 Feb 2020

ANDERSON LLOYD TRUSTEE COMPANY LIMITED v CAMERON [2020] NZHC 190

Citation

[2020] NZHC 190
Court

High Court

Medical evidence established the respondent lacked capacity to perform trustee functions, beneficiaries consented to her removal, and the proposed corporate trustee consented to appointment; accordingly the Court properly exercised its inherent jurisdiction and statutory powers under s 51 to appoint Perpetual Trust and under s 52 to vest the trust property in the continuing trustees.
29 Aug 2018

GRANT & ORS v DOWRICK [2018] NZHC 2242

Citation

[2018] NZHC 2242
Court

High Court

The court was satisfied on the affidavits and medical evidence that the respondent lacks capacity and that no service on him or other parties was necessary; accordingly it was appropriate to grant leave under Part 19, dispense with service, and make a vesting order under s 52(1)(b)(i) Trustee Act 1956 vesting the specified land in the continuing trustees so they can deal with the property.