29 Jul 2019
BOSTON TRUSTEES 3131 LIMITED v CHAPMAN [2019] NZHC 1801
- Citation
- [2019] NZHC 1801
- Court
- High Court
The Court granted the application because under s52(1) Trustee Act a vesting order was appropriate and necessary to enable settlement and discharge of the mortgage; service on Mrs Chapman was dispensed with because evidence established she lacked capacity and there was no prejudice or opposing interest; the trust deed permitted a corporate sole trustee so vesting in Boston Trustees was lawful.