1 Sept 2020
DEMPSEY v DEMPSEY [2020] NZHC 2251
- Citation
- [2020] NZHC 2251
- Court
- High Court
Permission under r 19.5 was granted because the matter could properly be decided on affidavit evidence and it was in the interests of justice; service on the respondent was dispensed with because he lacks mental capacity and service would serve no purpose and likely distress him; a vesting order under s 52(1)(b)(i) was appropriate because the trustee recorded on title is under a disability and vesting the property in the remaining trustees is necessary to facilitate the proposed sale and protects beneficiaries' interests.