Askew

[2017] NZHC 747

IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY

CIV-2017-442-11 [2017] NZHC 747

UNDER

Part 19 of the High Court Rules and s 43

of the Trustee Act 1956

IN THE MATTER

of an application for an order confirming the removal of a Trustee under a disability and the vesting of Trust assets in the Continuing Trustees in the Askew Family Trust

AND

PHILIPPA MARY ASKEW Applicant

Hearing:	On the papers
Date:	13 April 2017

JUDGMENT OF CULL J

[1]      This is a without notice originating application seeking to remove Mr Askew as a Trustee of the Askew Family Trust.

[2]      After initially perusing the Memorandum of Counsel and the Affidavit of his wife,  Mrs Askew,  I  issued  a  minute1   requiring  the  health  practitioner’s  medical certificate, as I had reservations about the reasons for the removal.   The health practitioner’s notes on the form simply stated:

“interviewing patient and wife. Review of his medical records.”

[3]      There was no identification of the cause of Mr Askew’s mental incapacity, as alleged by his wife and without further information regarding his mental health or

1      Minute of Cull J, 14 March 2017.

IN RE ASKEW  [2017] NZHC 747 [13 April 2017]

medical diagnosis, I was not satisfied that there was a medical reason justifying the order sought.

[4]      Since issuing my minute, I have now received a medical certificate, in which the doctor certifies that Mr Askew had been diagnosed by a geriatrician as having severe dementia, most likely of the Alzheimers type.

[5]      I am now satisfied that the order seeking removal of Mr Askew as a Trustee of the Askew Family Trust can now be made and I so order.

Cull J