MacBride v MacBride

[2016] NZHC 509

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

CIV-2015-488-154 [2016] NZHC 509

UNDER

Part 19 of the High Court Rules and the

Trustee Act 1956

IN THE MATTER

of an application for a vesting order in respect of land

BETWEEN

NOELINE ELSIE MACBRIDE, MP TRUSTEES (2008) LIMITED AND STONEHILL TRUSTEES NORTHLAND LIMITED

Applicants

AND

THOMAS CHALMERS MACBRIDE Respondent

On the papers
Date:	23 March 2016

JUDGMENT OF THOMAS J

This judgment was delivered by me on 23 March 2016 at 4.00 pm pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date:………………………….

Solicitor:

Thomson Wilson, Whangarei.

MACBRIDE, MP TRUSTEES (2008) LIMITED AND STONEHILL TRUSTEES NORTHLAND LIMITED v

MACBRIDE [2016] NZHC 509 [23 March 2016]

[1]      I have considered the without notice interlocutory application seeking leave to bring an application under part 19 High Court Rules and seeking an order dispensing with service.  I have also read the two affidavits in support.

[2]      By  my  Minute  dated  4  December  2015,  I  gave  leave  to  commence proceedings by way of an originating application and made an order dispensing with service of the originating application.

Background

[3]      The applicants, Noeline Elsie MacBride, MP Trustees (2008) Limited and Stonehill Trustees Northland Limited are the current trustees of the Stonehill Family Trust, constituted by deed dated 18 November 1998 (the Trust).

[4]      The respondent is the husband of the applicant Noeline Elsie MacBride.

[5]      The applicants, MP Trustees (2008) Limited and Stonehill Trustees Northland

Limited, are both trustee companies.

[6]      The respondent, Noeline Elsie MacBride, and MP Trustees (2008) Limited legally hold the land contained in Identifiers 187654; NA118B/838, NA99B/429 and the 22/25 share in Identifier NA99B/429 (the Land), being land held by the trustees for the Trust.

[7]      The respondent became affected by Alzheimer’s type dementia in 2014.

[8]      The respondent was removed as a trustee of the Trust by way of deed dated

10 November 2015.

[9]      Stonehill Trustees Northland Limited replaced the respondent as a trustee of the Trust.

[10]     The  applicants  are  now  the  current  trustees  of  the  Trust  (the  Current

Trustees).

[11]     The  applicants  wish  to  transfer  the  Land  into  the  names  of  the  Current

Trustees.

[12]     Due to his incapacity, the respondent is unable to execute the necessary documentation to transfer his interest in the Land to the applicants as the Current Trustees.

[13]     The applicants are unable to transfer the Land without vesting that interest in

Land in the Current Trustees.

[14]     The applicants are seeking an order vesting the Land held by the Trust into the names of the Current Trustees.

[15]     I am satisfied from the affidavits filed in support of the application of the relevant facts as included in this section.

[16]     In particular, I am satisfied from the medical evidence that the respondent is no longer mentally capable to undertake his duties as a trustee of the Trust.

Orders

(i)Pursuant to s 52(1)(b)(i) of the Trustee Act 1956, I make an order vesting the Land (namely Identifiers 187654; NA118B/838, NA99B/429 and the

22/25 share in Identifier NA99B/429) in Noeline Elsie MacBride, MP Trustees (2008) Limited and Stonehill Trustees Northland Limited as the Current Trustees of the Trust.

[17]     All costs in relation to the application shall be paid out of the Trust’s funds.

Thomas J