19 Dec 2019
The Court concluded on the evidence that Beverley was under a disability within s 52(1)(b)(i), that she had been properly regarded as removed as trustee and replacements validly appointed, and that a vesting order was necessary to enable the trustees to deal with the property; accordingly the vesting order and leave to proceed without notice were granted and no litigation guardian was required.
2 Dec 2019
The defendant's adjudication as a bankrupt disqualified him from continuing as a trustee under the trust deed and for the purposes of s52 Trustee Act 1956, and because he failed to execute transfer documents the Court was entitled to and did make a vesting order under s52 vesting the Seaforth Avenue property in the remaining trustees (the plaintiffs).
16 Oct 2019
Because the former trustee (Camille Hope) was medically certified as mentally incapacitated and had been removed as trustee under the trust deed, and because the continuing trustees needed clear title to administer and sell the trust property for beneficiaries, the Court granted a s 52 vesting order, permitted the originating application without notice, dispensed with appointment of a litigation guardian and dispensed with service on beneficiaries as the relief was procedural/mechanical and not adverse to beneficiaries.
12 Jul 2019
The Court granted the vesting order because the present trustees were validly appointed by deed, the former registered proprietors included a person who was mentally incapacitated and unable to execute transfers, and s52 empowers the Court to vest the land in the duly appointed trustees where technical difficulties prevent the parties from effecting transfers themselves.
18 Jun 2019
The court was satisfied the former trustee met the statutory test for disability under s 52(1)(b)(i) on medical evidence and therefore granted vesting orders transferring the specified registered mortgage instruments to the continuing trustees and granted the requested directions including non‑requirement for notice.
5 Apr 2018
The evidence established that the property was held by the incapacitated trustee and that he lacked capacity; accordingly the court exercised its power under s52 of the Trustee Act 1956 to vest the property in the continuing trustees and concluded that service on the incapacitated trustee was not required.
10 Dec 2015
The Court was satisfied on the medical evidence that the respondent trustee is under a disability, that the continuing trustees had power to appoint an additional trustee under s43, that beneficiaries approved the vesting (and the incapacitated settlor could not approve), and accordingly made a vesting order under s52 vesting the specified land in the named trustees and dispensed with service on the incapacitated settlor.
20 Apr 2015
Because the third trustee had validly renounced his trusteeship and persistently refused to sign required documents, and there were no encumbrances on title, the Court properly exercised its discretion under s 52 Trustee Act 1956 to vest the property in the two remaining trustees.
18 Dec 2009
Given the contractual scheme (clause 21), the existence of a power of attorney, the factual impediment caused by LPL's removal from the register, and the absence of opposition, s52(1)(b)(iv) authorises the Court to vest the specified land in the applicant as trustee for the sole purpose of enabling transfers to the purchasers, and the Court so orders.