20 Jun 2016
MCKAY v BEATTIE [2016] NZHC 1332
- Citation
- [2016] NZHC 1332
- Court
- High Court
Because the defendant was medically shown to be mentally incapacitated and had been validly removed as trustee under s43, service and appointment of a litigation guardian were unnecessary; consequently vesting orders under s52 and s59 were appropriate to vest the defendant's half interest in the land in Suzanne Isobel Gordon as trustee and to vest the defendant's right to transfer 4,499 shares in Beatties Service Station Ltd in Alan Bevan McKay; trustees may recover expenses from trust property.