M R Dickison Family Trust v Dickison

[2018] NZHC 2030

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE

CIV-2018-470-000109

[2018] NZHC 2030

UNDER

Trustee Act 1956 and the High Court’s Inherent Jurisdiction

BETWEEN

M R DICKISON FAMILY TRUST, FRANCIS EDWARD CORDES-PAKI and MICHAEL WIIRA PAKI

Applicants

AND

MARGARET ROSE DICKISON

Respondent

Hearing:	On the papers
Judgment:	10 August 2018

JUDGMENT OF COURTNEY J

This judgment was delivered by Justice Courtney on 10 August 2018 at 4.00 pm

pursuant to R 11.5 of the High Court Rules Registrar / Deputy Registrar Date…………………..

CORDES-PAKI v DICKISON [2018] NZHC 2030 [10 August 2018]

[1]                  Margaret Rose Dickison, Douglas John Lyon, Francis Edward Cordes-Paki and Michael Wiira Paki are the trustees of the M R Dickison Family Trust. Margaret Rose Dickison is suffering from dementia and Messrs Cordes-Paki and Paki have applied for leave to bring an originating application pursuant to r 19.5 of the High Court Rules for an order removing Margaret as trustee of the trust and an order under s 52 of the Trustee Act 1956 vesting the trust property in them and Douglas John Lyon.

[2]                  The application is supported by affidavits by Messrs Cordes-Paki and Paki and Mr Lyon. I am satisfied from those affidavits, which annex a copy of a certificate from Mrs Dickison’s doctor, that Margaret Rose Dickison’s state of health means that she is under a disability that prevents her from discharging her obligations as a trustee. I am also satisfied that the three remaining trustees are able to continue to administer the trust.

[3]                  I am satisfied that this is an appropriate matter to be brought as an originating application and that the proper course is to remove Mrs Dickison as a trustee and for the following property to be vested in the remaining trustees:

(a)12b Bellevue Rd, Tauranga, contained in identifier SA61A/468;

(b)320a Oceanbeach Rd, Mount Maunganui, contained in identifier 54905; and

(c)320b Oceanbeach Rd, Mount Maunganui, contained in identifier 54906.

[4]  The application is accordingly granted and orders made in the terms set out in the draft order filed.

P Courtney J