New Zealand Case Law: Decisions & Judgments

Topic

Appointment of manager

Legal area

Court

23 Sept 2020

RE SINGH [2020] NZHC 2479

Citation

[2020] NZHC 2479
Court

High Court

Given the imminent trial (six months), modest interest of the dissenting beneficiary (10–25%), majority of known beneficiaries supporting retention, risk of disruption to occupants and tenants, caveats lodged by a beneficiary impeding sale, costs and uncertainty of appointing a manager, and the unsuitability of s66 to resolve contested factual issues, the proper course was to direct trustees to preserve the status quo and hold trust property on existing terms pending trial and judgment, with liberty to apply if circumstances materially change.
3 Mar 2015

BERGIN v MARTIN [2015] NZHC 332

Citation

[2015] NZHC 332
Court

High Court

The court ordered sale under s339 because the statutorily mandated considerations in s342 favored sale (applicant's hardship, equal shares, existing property agreement, unsuccessful attempts to contact the co-owner and valid substituted service) and, having found the co-owner's whereabouts and status unknown with no local agent, appointed the Public Trustee as manager under s99 to represent the absent co-owner and hold proceeds; s100 does not preclude on-notice applications by others.
21 May 2012

PUBLIC TRUST V GILBERT HC CHCH CIV 2011-409-001539

Citation

openlaw-e0a75f03_da5c_4571_a912_4c1d0626d860.pdf
Court

High Court

Given the extensive inquiries demonstrated in affidavit evidence, the Court was satisfied that due inquiry under s99(1)(b)(i) had been made and that appointment of the Public Trust as manager was advisable under s100(1)(b) and s100(1)(c); accordingly the Public Trust was appointed manager of the properties.
6 Aug 2010

RE KERR HC CHCH CIV-2010-409-001685

Citation

openlaw-afb0ff57_1f41_4eb6_8d37_1ed8db143530.pdf
Court

High Court

The Court was satisfied statutory pre-requisites under ss99-100 were met: due inquiry had been made but ownership entitlement remained uncertain; the land was vacant, unmanaged, at risk of adverse possession and had arrears; its value exceeded the threshold requiring a Court order; therefore appointment of Public Trust as manager and leave to commence by originating application were both warranted and the orders were granted.

New Zealand Case Law

RE SINGH [2020] NZHC 2479

BERGIN v MARTIN [2015] NZHC 332

PUBLIC TRUST V GILBERT HC CHCH CIV 2011-409-001539

RE KERR HC CHCH CIV-2010-409-001685