21 Nov 2019
CM LAW TRUSTEES (2010) LTD and KAYE v WILLCOCKS [2019] NZHC 3054
- Citation
- [2019] NZHC 3054
- Court
- High Court
Because reliable medical evidence established that Joyce is permanently incapacitated and unable to participate, because her removal under s 43 and Deborah's appointment were lawful and beneficiaries consented, the Court exercised its s 52 power to vest the jointly held land in the current trustees; ancillary procedural orders dispensing with service, notice and appointment of a litigation guardian were appropriate as service or representation would serve no useful purpose and could cause distress.