13 Oct 2020
Because the applicants were validly appointed as trustees out of court pursuant to s43 Trustee Act 1956, s52(1)(a) empowers the Court to vest the undivided one‑half share of the subject land in the applicants as trustees; the Court was satisfied the without‑notice procedure, dispensing with service, and hearing on the papers were justified and consequently made the vesting order.
21 Aug 2020
Given uncontroverted medical evidence that Peter lacked capacity and had been validly removed under the trust deed, and in the absence of any opposing party or need to protect beneficiaries' interests, the court exercised its discretion under r 19.5 and s 52 Trustee Act 1956 to permit a without‑notice originating application, dispense service, and vest the trust properties in the continuing trustees to allow transfer and settlement, subject to existing mortgage consented to by BNZ.
10 Aug 2020
Medical evidence established that the trustee (Colleen Jeffries) lacked capacity due to dementia; given consent of primary beneficiaries and practicality of administration, the Court properly exercised its s51(1) power to remove the incapacitated trustee and its s52 power to vest the trust property in the appointed trustees; however the proposed variation of the trust deed under s64A to broadly vest appointment/removal powers in remaining trustees was unnecessary and refused.
15 Jul 2020
On evidence of the trustee's cognitive incapacity, absence of prejudice and consent or inability to locate other beneficiaries, the Court granted leave to proceed by way of without‑notice originating application, dispensed with personal service on the incapacitated trustee, and made a vesting order under s52 Trustee Act 1956 vesting the property in the remaining trustees so the property can be sold to meet the incapacitated trustee's care costs.
29 Oct 2019
Given the evidence that one trustee lacked capacity, one trustee was deceased and one had retired, and on the basis of affidavits filed and adequate service directed and effected with no opposition, the Court was satisfied under s 52 Trustee Act 1956 that it was expedient to vest the specified trust properties in the continuing trustees and accordingly made the vesting orders.
12 Jul 2019
The Court granted the vesting order because the present trustees were validly appointed by deed, the former registered proprietors included a person who was mentally incapacitated and unable to execute transfers, and s52 empowers the Court to vest the land in the duly appointed trustees where technical difficulties prevent the parties from effecting transfers themselves.
31 Jul 2017
Given the death, incapacity and resignation of former trustees, the lawful appointment of a replacement trustee, adequate service on interested parties and absence of any defence or objection, it was expedient under s 52 Trustee Act 1956 to vest the registered land in the current trustees; default judgment was appropriate where no defence was filed.
13 Jul 2016
The Court vested the trust realty in the remaining and replacement trustees under s 52(1)(b)(i) because Mr Highley, who held the land as trustee, is under a disability and cannot exercise his trustee powers; the trust deed was amended to vest the appointment power in Ms Highley to reflect settlor intent and to address incapacity; commencement by originating application and dispensing with service on the incapacitated respondent were appropriate in the circumstances.