4 Nov 2020
Given medical evidence of Michael's incapacity, the Court exercised its power under s 51 Trustee Act 1956 to remove him as trustee and appoint Hamish, Louise and Samuel as replacement trustees to act with Mary, dispensed with appointment of a litigation guardian and with service as unnecessary, and vested the specified land in the new trustees under s 52 Trustee Act 1956 to enable administration of the trust.
7 Sept 2020
The court appointed Caroline Ann Stark as litigation guardian for the incapacitated defendant Alastair David Stark despite the existence of an enduring power of attorney because the attorney disclaimed acting as litigation guardian; the court relied on its inherent jurisdiction and rule 1.6 to fill the procedural gap and dispense with service on Mr Stark because he lacked capacity and service would serve no purpose.
28 May 2020
Cooper J's decision to decline appointment of a litigation guardian was correct and is affirmed because the medical and other material did not establish that Ms Harrison met the r 4.29 definition of an 'incapacitated person' (no evidence she could not understand issues or give instructions), and Lang J's different, limited High Court appointment did not bind this Court.
8 Aug 2019
The specialist medical evidence of the neurologist and neuropsychologist outweighed the earlier physician opinion: there was no persisting causal link between the 2011 concussion and the appellant's current presentation. On the balance of medical evidence the concussion effects had resolved within about one year post-accident; therefore weekly compensation is payable only up to 22 February 2012 and not thereafter.
26 Jun 2019
Because the settlor was incapacitated, the beneficiaries (and remaining trustees) unanimously supported the relief, and the relief was necessary to permit sale of the trust property to fund the settlor's care, the Court exercised its inherent jurisdiction to remove the settlor as trustee, made a vesting order in favour of the remaining trustees under s51(1)(b)(i), and varied clause 9 to permit remaining trustees to appoint or remove trustees to avoid future costly court applications.
6 May 2019
Patricia Anne Commons is removed as executor and trustee because she is incapacitated; Comac Trustees Limited is appointed as replacement trustee because an independent trustee company is more suitable and expedient given need for independent oversight, the irretrievable breakdown in family relationships, the deceased's most recent will excluding the respondent as trustee, lack of evidentiary support for respondent's proposals, and to avoid conflict and deadlock; allegations of trustee breach are matters for separate proceedings.
21 Mar 2019
On the evidence that the respondent is under a disabling cognitive impairment and lacks legal capacity, and that appointment powers cannot practicably be exercised, the Court will remove the respondent as trustee, appoint the proposed trustee, vest the trust properties under ss 52 and 59 Trustee Act 1956, dispense with service and a litigation guardian, and order costs against the trusts.
6 Dec 2018
The Court found ACC's 2010 suspension procedure was flawed (non-compliance with s117(2) and inadequate investigation of employer/actual pre-injury duties), the conciliation process improperly extinguished review rights, and on a robust view of the totality of medical and contemporaneous evidence the appellant had capacity until his last day of work but became incapacitated on 25 May 2012; therefore ACC's decision denying reinstatement from 2010 was set aside and the reviewer decision quashed.
29 Nov 2018
Because Patricia Moran was medically established as incapacitated and had been validly discharged as trustee, the Court exercised its power under s52 Trustee Act 1956 to vest 34 Magnolia Drive in the remaining and newly appointed trustees to enable sale; the originating application procedure and without‑notice hearing were justified as the matter was uncontentious and in the interests of justice; a litigation guardian was unnecessary given the limited relief and absence of sensible opposition.
15 Nov 2018
On the available evidence the claimant did not establish on the balance of probabilities that he was incapacitated by his 10 November 2014 injury while he remained an earner; the mandatory medical assessment requirement under s102 was satisfied by the respondent's specialist report (Dr Floyd) and the late retrospective certificate lacked weight, therefore weekly compensation was correctly declined and the review decision is upheld.