Han v Han

[2016] NZHC 2221

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2016-409-000776 [2016] NZHC 2221

BETWEEN

YOUNG MI HAN AS TRUSTEE OF

THE HAN FAMILY TRUST Plaintiff

AND

JONG IN HAN BY HIS LITIGATION GUARDIAN WON SUK HAN Defendant

Hearing:	19 September 2016
Appearances:	S K Lyall for Plaintiff No Appearance for Defendant
Judgment:	19 September 2016

ORAL JUDGMENT OF GENDALL J

HAN v HAN [2016] NZHC 2221 [19 September 2016]

[1]      Before  the  Court  is  an  application  under  the  Trustee  Act  1956  which effectively seeks the replacement of one existing trustee Jong In Han as  a trustee of a family trust, known as the Han Family Trust, which was settled on 23 January

2003.

[2]      The present application is from Young Mi Han, one of the trustees.  The other present trustee is her husband, Jong In Han, who sadly is the subject of a progressive neuro-degenerative Parkinsons disorder, such that he is incapable of continuing in his capacity as a trustee of the Trust.  There is evidence before the Court as to this incapacity.

[3]      As a result of Jong In Han’s incapacity, a son of his, Won Suk Han (Kevin), was appointed as his litigation guardian a short time ago.  The application before the Court seeks the appointment of the two sons of Young Mi Han and Jong In Han as trustees  to  replace  their  father.    Those  sons  are  Won  Suk  Han  (Kevin)  and Won Tak Han (James) who are aged in their mid twenties and, as I understand the position, live at home with their parents.  Both Kevin and James have consented to act as replacement trustees for their father in the Han Family Trust.  This is the order sought by the plaintiff Young Mi Han here.

[4]      There is  no  opposition  to  the present  application.    I am  satisfied  in  the circumstances prevailing here that this is a situation where the Court should use its statutory jurisdiction to appoint new trustees on the basis that it is expedient to do so. There can be no doubt, as I see the position, that Jong In Han’s role as a current trustee of the Han Family Trust cannot continue and it is therefore expedient that the Court should assist in this case.

[5]      It seems apparent that all members of the Han Family, in the interests of allowing the Han Family Trust to continue in operation in a viable fashion, support the appointment of Kevin and James as new trustees to replace their father.

[6]      In light of this, and the evidence before the Court of Jeremy James Baker (a medical practitioner who has been Jong In Han’s doctor for at least 10 years) of his

Parkinson’s disorder, and the need for this trust to continue in a viable way, I am satisfied that the application before the Court should succeed.

[7]      Orders are now made therefore pursuant to ss 51 and 52 Trustee Act 1956 as follows:

(a)       An order is made removing Jong In Han as trustee of the Han Family

Trust.

(b)A  further  order  is  made  appointing  Won  Suk  Han  (Kevin)  and Won Tak Han (James) as trustees to replace their father, (and to join their mother Young Mi Han as a continuing trustee).

(c)      A further order is made pursuant to s 52 Trustee Act 1956 vesting the defendant Jong In Han’s interest in the land described in Titles 230678 and CB45B/974 in Won Suk Han (Kevin) and Won Tak Han (James).

(d)      There is to be no order made as to costs in this case.

...................................................

Gendall J

Solicitors:

Mortlock McCormack Law, Christchurch