15 Apr 2019
TELKE v TELKE [2019] NZHC 824
- Citation
- [2019] NZHC 824
- Court
- High Court
Given the defendant's established incapacity supported by medical evidence, the absence of opposition, the practical necessity of completing the property sale, and that the purported drafting error did not defeat the substantive statutory authority of the acting trustee, the court was justified in dispensing with service under r 18.7(5) and in granting summary judgment by way of a vesting order under ss 51 and 52 of the Trustee Act 1956.