New Zealand Case Law: Decisions & Judgments

Topic

Vesting of trust land

Legal area

Court

13 Sept 2017

MCKEAN v MCKEAN [2017] NZHC 2212

Citation

[2017] NZHC 2212
Court

High Court

Leave to proceed by originating application was granted because the application was an administrative, non‑adversarial step and the interests of justice favored the expedient procedure; service was dispensed because the respondent is permanently incapacitated and cannot meaningfully participate and there is no evidence of likely successful challenge by beneficiaries or other persons; a litigation guardian was unnecessary because one would serve no useful purpose; accordingly, pursuant to s 52 Trustee Act 1956 the Court vested the specified land in the duly appointed current trustees to enable…
6 Sept 2016

JACOBS v POHIO [2016] NZHC 2104

Citation

[2016] NZHC 2104
Court

High Court

Because the defendant misappropriated trust funds and the applicant is willing, able and already appointed as the settlor's property manager and litigation guardian, the court removed the defendant and appointed the applicant as trustee under Trustee Act s51, vested the trust land in the new trustee under s52(2), and ordered the applicant's costs and expenses relating to the proceedings and vesting order be paid from the trust fund under s71; the court declined to order the defendant personally to reimburse the trust for those costs given limited practical benefit and lack of express notice.
4 Apr 2012

DAVIDSON V ISRAEL HC AK CIV-2011-404-553

Citation

openlaw-086a3172_2474_4c94_aa09_6ff66cd90974.pdf
Court

High Court

The Court exercised its discretion under s51(1) Trustee Act 1956 and its inherent equitable jurisdiction to appoint Francis William Bedford as sole trustee and to vary the trust deed because the trusteeship was effectively vacant or compromised, the trust's affairs were in disarray with a real risk of loss of the sole remaining asset to creditors, the purported corporate trustee lacked legal recognition, and an independent volunteer trustee was necessary to protect the beneficiaries and preserve trust assets.

New Zealand Case Law

MCKEAN v MCKEAN [2017] NZHC 2212

JACOBS v POHIO [2016] NZHC 2104

DAVIDSON V ISRAEL HC AK CIV-2011-404-553