10 Dec 2018
Application granted under s 51(1) of the Trustee Act 1956: Denise Margaret Brunskill is appointed in substitution for Aileen Burr because Burr has lost capacity, the estate is cash only and distributions are non‑contentious, and the evidence supports the appointment; permission to commence the proceeding by originating application without notice is also granted.
29 Aug 2018
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.
11 Sept 2015
Because Mr Creed was established to be under disability by medical evidence and the applicants validly removed and replaced him under clause 15 of the trust deed, s 52 of the Trustee Act 1956 authorised the Court to vest the trust land in the continuing and newly appointed trustees; r 19.5 permitted commencement by originating application and service on the incapacitated trustee could be dispensed with.