New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Use of originating application under high court rules

Legal area

Court

7 Jun 2023

RE RODLEY (EJM FAMILY TRUST) [2023] NZHC 1411

Citation

[2023] NZHC 1411
Court

High Court

Leave to proceed by originating application was granted because the matter was administrative, unopposed and suitable for summary determination under r 19.5; because the trustee changes occurred before the Trusts Act 2019 commencement, sch 1 cl 11(2) required application of s 52 Trustee Act 1956; applicants were validly appointed trustees and beneficiaries consented; accordingly a vesting order under s 52 was necessary and properly granted to vest OT91/263 in the current trustees.
24 Mar 2022

MASON v STOCKER [2022] NZHC 564

Citation

[2022] NZHC 564
Court

High Court

Because the Trusts Act 2019 transitional provision (sch 1 cl 11) required completion of divesting and vesting as if the new Act had not commenced, and because a trustee named on title was incapacitated and another trustee had been validly removed for incapacity, the Court had jurisdiction under s 52 Trustee Act 1956 to make a vesting order; further, leave to use an originating application was justified under r 19.5 and service was properly dispensed with, therefore the property was vested in the current trustees to enable winding up of the Trust.