4 Jul 2019
The first respondent was ordered to pay the applicant $12,376.50 in costs and $1,351.33 in disbursements because the claimed amounts were consistent with the High Court Rules schedules and there was no basis to reduce them; the applicant was entitled to elect against whom to seek costs where multiple parties were liable.
23 Nov 2018
Because the former trustee was demonstrably incapacitated within the meaning of the Act, final beneficiaries consented, an independent trustee remained to protect interests, and the incapacity prevented execution of transfer documents, the Court had jurisdiction under s 52(1)(b)(i) Trustee Act 1956 and was justified in dispensing with service and making vesting orders to record the current trustees as registered proprietors; the Registrar-General was authorised to record the transfers and costs were payable from trust assets.
28 Aug 2015
The court was satisfied on the evidence of incapacity, the limited scope of the enduring power of attorney, and the commercial urgency of an impending settlement that the statutory prerequisites for a vesting order under s 52 were met and therefore made the vesting order in terms of the draft submitted.
23 Jul 2014
Given certificates of mental incapacity for the former trustees, their removal under s 43(1) supported by enduring powers of attorney, the trusts' ownership of the property, and the authority in s 52 of the Trustee Act 1956 to make vesting orders, the Court properly exercised its power to vest the property in the current trustees and dispensed with service, so the vesting order was made.