20 Dec 2019
BALLANTYNE v GEARY [2019] NZHC 3493
- Citation
- [2019] NZHC 3493
- Court
- High Court
Because the respondent lacked capacity to act as trustee and there was evidence he would not understand or participate, the court, pursuant to Trustee Act 1956 ss 51 and 52 and its inherent jurisdiction, properly removed him as trustee, appointed Allan John Geary as replacement trustee and made a vesting order for the trust property, while dispensing with service and with appointment of a litigation guardian.