22 Mar 2021
LEWIS, and ORS v LEWIS [2021] NZHC 585
- Citation
- [2021] NZHC 585
- Court
- High Court
Leave to proceed without notice was granted because interests of justice and lack of necessity for pleadings; s116 of the Trusts Act 2019 could not be invoked because the trustee retired before commencement and Schedule 1 cl 11(2) requires completion as if the Act had not commenced; the former trustee remains on title and lacks capacity so a vesting order under Trustee Act 1956 s52(1)(b) was necessary and appropriate to vest the property in the current trustees.