9 Mar 2020
CHRISTINA MCNEILL AND CHRISTINA MCNEILL TRUSTEE SERVICES LTD v STEPHEN AGAR [2020] NZHC 607
- Citation
- [2020] NZHC 607
- Court
- High Court
Given that the former trustee had been validly removed, was uncooperative and could not be located for ordinary service, and that continued title being in his name was impeding necessary refinancing and trust business, it was expedient under s52 Trustee Act 1956 to vest the property in the present trustees subject to lodgement of indemnities protecting the former trustee from personal liability on secured debts; a modest costs contribution by the non-cooperating former trustee was appropriate.