New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Service and process dispensation
  • 13 Sept 2017

    MCKEAN v MCKEAN [2017] NZHC 2212

    Citation
    [2017] NZHC 2212
    Court
    High Court

    Leave to proceed by originating application was granted because the application was an administrative, non‑adversarial step and the interests of justice favored the expedient procedure; service was dispensed because the respondent is permanently incapacitated and cannot meaningfully participate and there is no evidence of likely successful challenge by beneficiaries or other persons; a litigation guardian was unnecessary because one would serve no useful purpose; accordingly, pursuant to s 52 Trustee Act 1956 the Court vested the specified land in the duly appointed current trustees to enable…