Bowman v MacDonald

[2019] NZHC 2164

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

I TE KŌTI MATUA O AOTEAROA AHURIRI ROHE

CIV-2019-441-29

[2019] NZHC 2164

BETWEEN

KIRSTEN ANN BOWMAN, SARAH MARGARET BECKETT AND LAWRENCE WILLIAM WILLIS
Applicants

AND

JAMES AGNES MACDONALD AND MARGARET HARRIET MACDONALD

Respondents

On the papers

Counsel:	E V R Stannard for Applicants
Judgment:	30 August 2019

JUDGMENT OF GRICE J

[1]                The applicants seek an order that the property at 5 Nicholson Street, Mayfair, Hastings (Record of Title HBH2/1249) be vested in Kirsten Ann MacDonald, Sarah Margaret Beckett and Lawrence William Willis under s 52 of the Trustee Act 1956. Related orders are sought that the proceedings be commenced by originating application and service to be dispensed with.

[2]                The trustees, who hold the property at 5 Nicholson Street, Mayfair are the respondents, Mr Macdonald and Mrs Macdonald, and Ms Bowman. Until 28 May 2019, they were trustees of the trust. However, on that date they were removed from the trust deed and two replacement trustees, Sarah Margaret Beckett and Lawrence William Willis were appointed.

BOWMAN v MACDONALD [2019] NZHC 2164 [30 August 2019]

[3]                Mr and Mrs MacDonald both suffer from dementia. The medical evidence indicates they no longer have mental capacity to undertake their duties as trustees nor to manage their own affairs.

[4]A vesting order is therefore sought in the new trustees.

[5]                I am satisfied that in the circumstances it is appropriate to vest the property in the new trustees. Accordingly:

(a)Leave is given for the proceeding to commence by originating application;

(b)Service is dispensed with;

(c)The property at 5 Nicholson Street, Mayfair, Hastings (Record of Title HBH2/1249) is vested in Kirsten Ann MacDonald, Sarah Margaret Beckett and Lawrence William Willis pursuant to s 52 of the Trustee Act.

Grice J

Solicitors:
M J Wenley, Willis Legal, Hastings