New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Court appointment of trustee

Legal area

Court

23 Jun 2020

CORMACK v CORMACK [2020] NZHC 1422

Citation

[2020] NZHC 1422
Court

High Court

The Court was satisfied on the evidence, including a medical certificate confirming dementia and affidavits from trustees and beneficiaries, that it was appropriate to remove Derek and Lorna as trustees under s 51 and to vest the specified property interests under s 52; accordingly the procedural and substantive relief sought was granted.
25 Mar 2019

WELLS v YOUNG [2019] NZHC 561

Citation

[2019] NZHC 561
Court

High Court

Because Mrs Young lacks mental capacity to act as trustee, the Court exercised its powers under s51 Trustee Act 1956 to remove her and appoint a replacement trustee and under s52 to vest the identified land in the new trustees; leave was granted to proceed by originating application and service was dispensed with due to lack of opposition and absence of disputed facts.