Bhana v Bhana

[2020] NZHC 2456

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-001688

[2020] NZHC 2456

BETWEEN

MANGI BHANA, MANHARLAL MAGAN GOVIND and HARESH BHANA
Plaintiffs

AND

VASAN BHANA

Defendant

Hearing:	(On the papers)
Judgment:	18 September 2020

JUDGMENT OF VENNING J

This judgment was delivered by me on 18 September 2014 at 4.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date……………

Solicitors:           Penney Patel Law, Auckland

BHANA v BHANA [2020] NZHC 2456 [18 September 2020]

[1]    Mangi Bhana, Manharlal Magan Govind and Haresh Bhana, together with Vasan Bhana, are the trustees of the Vasan and Mangi Bhana Family Trust. The trustees, with the exception of Vasan Bhana, apply to the Court for directions as to service and for substantive orders vesting the property at 7 Lorarine Avenue, Mt Albert, Auckland in the plaintiffs as continuing trustees of the Vasan and Mangi Bhana Family Trust. Vasan Bhana is named as a defendant.

[2]    The evidence before the Court is that at the age of 81 Vasan Bhana has suffered a stroke. His ability to communicate is impaired. In the opinion of Dr Perumal, Mr Bhana lacks the capacity to understand and communicate complex matters such as the winding up of a trust.

[3]    The plaintiffs as remaining trustees seek directions that service of the proceedings on Vasan Bhana not be required. They also seek a consequential vesting order so that the property may be transferred into the names of Mangi Bhana, Manharlal Magan Govind and Haresh Bhana as trustees.

[4]    The purpose of the vesting order is to enable the present trustees to deal with the property.

[5]    In light of the evidence as to Mr Vasan Bhana’s mental condition I accept that there would be little point in serving him. I am satisfied that an order dispensing service on him should be made.

[6]    Once such an order is made there is no reason why a substantive order should be refused. For that reason I propose to deal with the substantive proceeding as well.

Orders

[7]The Court makes the following orders:

(a)dispensing with service on Vasan Bhana;

(b)vesting the property at 7 Lorraine Avenue, Mt Albert, Auckland (title NA1043/32 (North Auckland Registry) in the plaintiffs as trustees of the Vasan and Mangi Bhana Family Trust.

[8]    The costs of and incidental to the application are to be paid out of the Trust fund.

Venning J