Manawatu Trustees 2011 Limited v J a & B D Short Family Trust

[2016] NZHC 324

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV-2016-454-15 [2016] NZHC 324

UNDER

The Trustee Act 1956

AND

IN THE MATTER

of two applications for Vesting Orders pursuant to Section 52 of the Act

BETWEEN

MANAWATU TRUSTEES 2011
LIMITED

AND

WAYNE JOHN SHORT AS TRUSTEES OF THE J A & B D SHORT FAMILY TRUST

Plaintiffs

On the Papers
Counsel:	N Jessen for Plaintiffs
Judgment:	2 March 2016

JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 2 March 2016 at 11:00 am

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

MANAWATU TRUSTEES 2011 LIMITED v J A & B D SHORT FAMILY TRUST [2016] NZHC 324 [2 March 2016]

[1]      Manawatu Trustees 2011 Limited and Wayne John Short are the trustees of the J A & B D Short Family Trust (“the Trust”).  The Trust owns two properties at Tairua on the Coromandel Peninsular, the registered proprietors of which are former trustees Richard Kennedy Howie and John Albert Short.

[2]      The  trustees  wish  to  sell  the  land  but  due  to  the  requirements  of  Land Information  New  Zealand,  the  plaintiffs  are  unable  to  transfer  the  land  to  the intended purchaser without first vesting it in the current trustees to the exclusion of the former trustees.  Mr J A Short’s health has recently deteriorated.  I am satisfied on the evidence that he is now mentally incapacitated and is unable to execute the necessary documentation to transfer the registered interests in the properties to the current trustees.

[3]      Mr Howie, a solicitor, has sworn an affidavit explaining the position and supporting the application.   I am satisfied that it is appropriate for the Court to exercise its jurisdiction to make the orders sought.

[4]      Accordingly, I make the following Orders:

(a)       Leave is granted to the plaintiffs to bring the application under Part 19 of the High Court Rules.

(b)      Further service of the proceedings is dispensed with. (c)        I order under s 52 of the Trustee Act 1956 that –

(i)The JA & B D Short Family Trust’s fee simple interest in the property    at    159    Paku    Drive,    Tairua    (Certificate    of Title SA55C/885), registered in the names of John Albert Short and Richard Kennedy Howie, be vested in Manawatu Trustees

2011 Limited and Wayne John Short; and

(ii)The J A & B D Short Family Trust’s fee simple interest in the property   at   16   The   Esplanade,   Tairua   (Certificate   of Title SA55C/886), registered in the names of John Albert Short

and Richard Kennedy Howie, be vested in Manawatu Trustees

2011 Limited and Wayne John Short.

………………………….

Toogood J