New Zealand Case Law: Decisions & Judgments

Topic

Trustee act 1956 s52

Legal area

Court

12 Aug 2021

RE THE ESTATE OF BHULA [2021] NZHC 2098

Citation

[2021] NZHC 2098
Court

High Court

Permission to proceed by originating application under Part 19 was appropriate and, given probate and the applicants' roles as executors and trustees and the absence of prejudice to beneficiaries, the Court exercised its power under s52(1)(a) Trustee Act 1956 to vest the property registered in the name of Tara Bhula as Administrator in the applicants as trustees of the Residuary Estate of Taraben Bhula.
16 Oct 2020

CAIRNS ex parte Garrickfield Trust [2020] NZHC 2738

Citation

[2020] NZHC 2738
Court

High Court

Given uncontested evidence that Laura Cairns lacked capacity and that s43 had been properly invoked to remove and replace her, the Court granted leave to proceed by originating application, dispensed with appointment of a litigation guardian and with service, and pursuant to s52 Trustee Act 1956 vested the specified land titles in the remaining trustees to enable registration.
3 Mar 2020

SAVAGE v PAUL [2020] NZHC 364

Citation

[2020] NZHC 364
Court

High Court

Evidence established that the registered ownership was held on trust for the Nerehana Whanau Trust, that Beverley had effectively abandoned her role as trustee and was unavailable, and therefore it was expedient under s51 to remove and substitute a trustee and appropriate under s52 to vest the land in the trustees to give effect to the trust and enable transfer; orders were granted accordingly.
19 Oct 2018

HAMERTONS TRUSTEE SERVICES LIMITED and FOCUS TRUSTEE COMPANY LIMITED [2018] NZHC 2720

Citation

[2018] NZHC 2720
Court

High Court

Given uncontested medical evidence that the trustee lacked mental capacity, the court properly exercised its inherent jurisdiction to remove him as trustee, granted leave to commence by originating application, dispensed with service on the incapacitated trustee and beneficiaries as unnecessary, and vested the trust's land interests in the two continuing trustees under Trustee Act 1956 s52(1)(b)(i).
14 Sept 2018

ROBERT ALAN LANE v DENNIS EDWARD CREED [2018] NZHC 2431

Citation

[2018] NZHC 2431
Court

High Court

Because the respondent had retired and was incapacitated as evidenced by affidavit and medical certificate, and substitution was necessary to protect and enable administration of the deceased's estate and the beneficiary's interests, the Court appointed Sian Rhiannon Holden and vested the estate's interest in the mortgage in Robert Alan Lane and Sian Rhiannon Holden under Trustee Act 1956 s52 and Part 19 High Court Rules.
2 Mar 2016

MANAWATU TRUSTEES 2011 LIMITED v J A & B D SHORT FAMILY TRUST [2016] NZHC 324 [2 March 2016]

Citation

[2016] NZHC 324
Court

High Court

The Court exercised its statutory jurisdiction under s52 of the Trustee Act 1956 and, on the evidence that a registered proprietor (J A Short) is mentally incapacitated and unable to execute transfers and that vesting was required to effect a sale, ordered that the two specified Torrens title properties be vested in the current trustees; the Court also granted leave under High Court Rules Part 19 and dispensed with further service.
14 Aug 2009

B LAXMAN & ORS HC AK CIV 2009-404-001241

Citation

openlaw-ab910f27_efcb_43e3_ad98_afcadb9967f1.pdf
Court

High Court

The applicants, having succeeded in obtaining a vesting order under s 52(1) Trustee Act 1956, are entitled to costs against the trust; costs are fixed on a 2B basis given the short duration (no more than one hour) and reasonable disbursements are to be fixed by the Registrar.

New Zealand Case Law

RE THE ESTATE OF BHULA [2021] NZHC 2098

CAIRNS ex parte Garrickfield Trust [2020] NZHC 2738

SAVAGE v PAUL [2020] NZHC 364

HAMERTONS TRUSTEE SERVICES LIMITED and FOCUS TRUSTEE COMPANY LIMITED [2018] NZHC 2720

ROBERT ALAN LANE v DENNIS EDWARD CREED [2018] NZHC 2431

MANAWATU TRUSTEES 2011 LIMITED v J A & B D SHORT FAMILY TRUST [2016] NZHC 324 [2 March 2016]

B LAXMAN & ORS HC AK CIV 2009-404-001241