10 Oct 2019
THE INDEPENDENT TRUSTEE COMPANY LIMITED v HAZLEDINE [2019] NZHC 2581
- Citation
- [2019] NZHC 2581
- Court
- High Court
Because the respondent trustee is mentally incapacitated and therefore unable to sign land transaction documents, the Court properly exercised its inherent jurisdiction to remove her as trustee and its statutory power under s 52 of the Trustee Act 1956 to vest her one-half share of the trust properties in the applicant; service and origination by Part 19 were appropriate given consent of adult beneficiaries and the unopposed, undisputed facts.