18 Dec 2023
The strip of land should be vested in the applicants under s 89 because it was always treated and used as part of their property and the original subdivision error was inadvertent; the long lapse since registration of the 1966 mortgage means the debt is likely repaid or statute-barred under the Limitation Act 2010, so discharging the mortgage under s 105 is appropriate.
11 Feb 2022
Leave was granted to commence the proceeding by originating application under Part 19 and to dispense with service except on the Waimakariri District Council because the application to extinguish covenants over three very small utility lots was legally and factually straightforward, the lots cannot support residential development or benefit from the covenants, serving all affected proprietors was impractical and there was a commercial timing imperative, while statutory service on the Council under s 316(3) must be effected.
5 May 2021
Removal of Brett Owen Taylor pursuant to s112 and vesting of the Tuakau property pursuant to s116 was necessary because his failure to engage and the trust's unanimity requirement created an impasse that prevented urgent action to address significant secured and unsecured debts; conditional removal and vesting to the corporate trustee best protects the beneficiaries and enables orderly winding up.
26 Feb 2021
Given the trustees' deadlock, respondent's persistent non-cooperation causing debt and deterioration of trust assets, it was expedient under s51 to remove both trustees, appoint Comac Trustees Limited as trustee, and under s52 to vest the trust land in the new trustee; variation of the deed was ordered as a precaution and costs from the trust were permitted to reimburse the applicant's reasonable expenses.
22 May 2020
Medical evidence showed the respondent was incapacitated and unable to perform trustee duties; under s51 the court may remove such a trustee and appoint replacements and under s52 may vest the trust land in the remaining and appointed trustees so the property can be dealt with; Part 19 procedure and dispensing with a litigation guardian and service were appropriate because the orders do not affect beneficiaries' entitlements and there was no opposition.
6 Mar 2019
Given the trustee's established lack of mental capacity, the Court exercised its inherent jurisdiction to remove her as trustee (s51 inapplicable because no substitution sought) and used s52 to vest the specified land in the remaining competent trustees; leave to commence by originating application and dispensing with service was appropriate on the papers where there was no opposition and beneficiaries consented.
16 Jul 2018
Where a registered proprietor mistakenly appears in the sale documentation but the registered proprietor received the purchase price and intended to transfer, the proprietor can be treated as holding the property on resulting or constructive trust for the purchaser and the court may vest the land in the purchaser under s 52(1)(b)(iv) of the Trustee Act 1956; applying that principle the land was vested in Orion.
7 Dec 2017
Because the respondent was incapacitated, no longer a trustee, unable to participate, and the beneficiaries’ positions would be unchanged, the Court properly exercised its discretion under s52 Trustee Act 1956 to grant leave, dispense with service and representation, and vest the specified land in the replacement trustees.
11 Aug 2017
Applying Godfrey v McCormick the Court held that an originating application could be determined on the papers without service on the incapable trustee, removed Rae Julian Jamieson as trustee for incapacity, appointed the nominated company as successor trustee and vested title to the trust land in the new trustee and the existing corporate trustee.
29 Apr 2013
The Supreme Court held the proposed easements were not 'required for the Government work' of road‑widening under s16 PWA because they were required for the network utility operator's conveyance of electricity; the Minister therefore lacked power under s16 to acquire those easements and the correct statutory route for compulsory acquisition for the utility's purposes is s186 RMA. The Court allowed the appeal, set aside the Court of Appeal judgment and restored the High Court orders invalidating the notice in so far as it related to the easements.