21 Aug 2020
Re THE JUDENA FAMILY TRUST [2020] NZHC 2119
- Citation
- [2020] NZHC 2119
- Court
- High Court
Given uncontroverted medical evidence that Peter lacked capacity and had been validly removed under the trust deed, and in the absence of any opposing party or need to protect beneficiaries' interests, the court exercised its discretion under r 19.5 and s 52 Trustee Act 1956 to permit a without‑notice originating application, dispense service, and vest the trust properties in the continuing trustees to allow transfer and settlement, subject to existing mortgage consented to by BNZ.