New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Dispensing with litigation guardian

Legal area

Court

21 Feb 2020

ANDERSON LLOYD TRUSTEE COMPANY LTD v HOWLES [2020] NZHC 234

Citation

[2020] NZHC 234
Court

High Court

Because Gloria is incapable of performing the duties of trustee and replacement trustees were suitable and consented, it was expedient under s51 and the Court's inherent jurisdiction to remove her, and appropriate under s59 to vest the debt in the applicant and replacement trustees; dispensing with service and a litigation guardian was justified by her incapacity and lack of opposition.
10 Dec 2019

RUSH v RUSH [2019] NZHC 3240

Citation

[2019] NZHC 3240
Court

High Court

Where a trustee is incapacitated and cannot perform trustee duties, the High Court will remove that trustee under s 51 and appoint a suitable replacement to maintain the trust’s required number of trustees, and may make a s 52 vesting order to enable administration of trust land; a litigation guardian and formal service may be dispensed with where the incapacitated trustee cannot participate and the application is unopposed with beneficiary consent.