Kleiman

[2015] NZHC 758

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV2015-404-000811 [2015] NZHC 758

IN THE MATTER

of the Trustees Act 1956

AND

IN THE MATTER

of the GALA FAMILY TRUST

BETWEEN

GALINA TROFIMOVNA KLEIMAN AND BORIS NIKOLAEVICH KLEIMAN

Applicants

On the papers
Counsel:	R G Evans for Applicants
Judgment:	20 April 2015

JUDGMENT OF ANDREWS J

This judgment is delivered by me on 20 April 2015 at 11am pursuant to r 11.5 of the High Court Rules.

..................................................... Registrar / Deputy Registrar

KLEIMAN & KLEIMAN [2015] NZHC 758 [20 April 2015]

Introduction

[1]      The Gala Family Trust (the Trust) was settled on 23 December 2005.   The applicants Galina Kleiman and Boris Kleiman are trustees named in the Trust Deed. The third trustee named in the Trust Deed is Nikolai Borisovich Kleiman.  Nikolai Kleiman  has  renounced  his  trusteeship.    On  10  October  2013  Nikolai  Kleiman signed a declaration requesting his removal as a trustee of the Trust.

[2]      The Trust owns property situated at 52B Koraha Street, Remuera, Auckland. Galina, Boris and Nikolai Kleiman are the legal owners of the property.  There is no mortgage or any other encumbrance registered against the Title to the property.

[3]      Galin and Boris Kleiman now wish to have the trust property transferred from the name of the three trustees jointly to the names of Galina and Boris Kleiman jointly, as the remaining trustees of the Trust.  They have sought to obtain Nikolai’s signature of relevant documents, but he has refused to do so.  In an affidavit filed in support of the application, Galina and Boris Kleiman state that Nikolai Kleiman has made it clear on numerous occasions that he does not wish to have anything further to do with the Trust, and will not sign any further documents.

Orders

[4]      I am satisfied that it is appropriate for an order to be made under s 52 of the Trustee Act 1956, vesting the property at 52B Koraha Street, Remuera, in the names of Galina Tofimovna Kleiman and Boris Nikolaevich Kleiman, as remaining trustees of the Gala Family Trust.

[5]      I so order.

Andrews J