13 Mar 2019
Re Phillips Family Trust [2019] NZHC 422
- Citation
- [2019] NZHC 422
- Court
- High Court
Because the mortgage remained a registered formality in the names of deceased original trustees and the advances had been repaid, the Court properly exercised its statutory power under s 52 Trustee Act 1956 and its inherent jurisdiction to vest the registered mortgage in the current trustees to enable them to discharge the mortgage and deal with the property; leave for originating application and dispensation of service were appropriate given the mechanical nature of the relief and absence of objections.