New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Trustee act provisions

Legal area

Court

4 Dec 2019

ANNAN and STOKES as trustees of the Irene Pullar Family Trust v PULLAR [2019] NZHC 3175

Citation

[2019] NZHC 3175
Court

High Court

Given satisfactory evidence that the respondent was incapacitated and had been lawfully removed as trustee and substituted, the court properly dispensed with service and a litigation guardian and ordered vesting of the specified land in the continuing trustees under s52 of the Trustee Act 1956; leave to proceed by originating application was appropriate.
2 Apr 2019

PENE v TATA [2019] NZHC 669

Citation

[2019] NZHC 669
Court

High Court

Where a trustee's persistent refusal to cooperate and take necessary steps to administer the trust threatens the trust property and frustrates prior court orders, the Court will remove the obstructive trustees and appoint a corporate trustee under ss 48 and 51 of the Trustee Act 1956 and vest the trust property in that corporate trustee under s 52 to enable the trust's purposes to be carried out.