New Zealand Case Law: Decisions & Judgments

Topic

Capacity and disability

Legal area

Court

6 Nov 2020

RE WHYTE [2020] NZHC 2922

Citation

[2020] NZHC 2922
Court

High Court

Where a trustee is permanently cognitively incapacitated and the power to remove or appoint trustees effectively cannot be exercised without court assistance, the Court will remove that trustee, appoint an appropriate replacement and make vesting orders under s52 to align registered title; service and a litigation guardian may be dispensed with where the proceedings do not affect the incapacitated person's personal interests beyond a trustee function they cannot perform.
18 Mar 2020

LLOYD & ASSOCIATES LTD & ANOR v HARCOURT [2020] NZHC 552

Citation

[2020] NZHC 552
Court

High Court

On the evidence the respondent is under a disability (dementia) and unable to manage trust affairs; under s52 of the Trustee Act 1956 the Court may vest trust land in the remaining trustees where a trustee is under disability, and it was therefore appropriate to remove the respondent as trustee and vest the property in the applicants while dispensing with service and a litigation guardian given the respondent's incapacity and lack of opposition.
11 Oct 2004

K v Accident Compensation Corporation

Citation

[2004] NZACC 325
Court

District Court

The judge found on the evidence, including medical reports and live credibility assessment, that the appellant’s injury-related incapacity (pain, surgery and reactive depression) together with her family circumstances likely affected her ability to meet the statutory time limit and thus constituted extenuating circumstances under s135(3); the review decision was set aside and a review hearing ordered.

New Zealand Case Law

RE WHYTE [2020] NZHC 2922

LLOYD & ASSOCIATES LTD & ANOR v HARCOURT [2020] NZHC 552

K v Accident Compensation Corporation