New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Without‑notice procedure/dispensing with service
  • 13 Oct 2020

    RE GADDUM [2020] NZHC 2688

    Citation
    [2020] NZHC 2688
    Court
    High Court

    Because the applicants were validly appointed as trustees out of court pursuant to s43 Trustee Act 1956, s52(1)(a) empowers the Court to vest the undivided one‑half share of the subject land in the applicants as trustees; the Court was satisfied the without‑notice procedure, dispensing with service, and hearing on the papers were justified and consequently made the vesting order.

    • Vesting order under s52 trustee act 1956
    • Appointment of trustees under s43 trustee act 1956
    • Mental incapacity of trustee
    • Without‑notice procedure/dispensing with service
    • Hearing on the papers