22 May 2020
POLSON McMILLAN TRUSTEE COMPANY NO. 1 LTD as trustee of the LESLIE LUMSDEN FAMILY TRUST v LUMSDEN [2020] NZHC 1095
- Citation
- [2020] NZHC 1095
- Court
- High Court
Medical evidence showed the respondent was incapacitated and unable to perform trustee duties; under s51 the court may remove such a trustee and appoint replacements and under s52 may vest the trust land in the remaining and appointed trustees so the property can be dealt with; Part 19 procedure and dispensing with a litigation guardian and service were appropriate because the orders do not affect beneficiaries' entitlements and there was no opposition.