5 May 2016
Given the respondent's permanent incapacity, the out‑of‑date title and that the proposed vesting alters governance only and not beneficial entitlements, the court was justified under s52 Trustee Act 1956 and Part 19 High Court Rules in making the procedural dispensations and a vesting order to correct title and appoint the three named siblings as trustees.
13 Aug 2014
Given the solicitor's exercise of power under the trust deed to appoint the plaintiff as sole trustee, the registered proprietor's demonstrated incapacity and existence of an Enduring Power of Attorney, and the need to regularise title for a conditional sale, the Court exercised its power under s52(2) Trustee Act 1956 to vest the specified interests in the plaintiff as substituted trustee, dispensed with service on the incapacitated registered proprietor, and ordered costs of the application to be paid from trust funds.
31 Jul 2009
Anil Laxman’s unexplained absence/refusal/incapacity fell within s43, permitting the continuing trustees to appoint a replacement; accordingly a vesting order under s52 was appropriate to vest the trust property (CT NA1946/8) in the continuing trustees Bhavana Laxman and Mahendra Harikisun; costs may be sought out of the trust and were reserved for determination on receipt of a memorandum.