McGoon

[2022] NZHC 377

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2022-485-35

[2022] NZHC 377

UNDER	sections 130-135 of the Land Transfer Act 1952 and s 8, Part 1 of the Land Transfer Act 2017
IN THE MATTER OF	an originating application for orders by Joseph McGoon of Lower Hutt

Hearing (by VMR):	7 March 2022
Counsel:	G Manktelow for the Applicant
Judgment:	7 March 2022

JUDGMENT OF GWYN J

[1]                 Mr Joseph McGoon has made an application pursuant to ss 130-133 inclusive of the Land Transfer Act 1952 (the Act), which is preserved pursuant to s 8, Part 1 of the Land Transfer Act 2017.

[2]                 The application concerns a residential property comprised and described in Certificate  of  Title  WN39C/389  (Wellington  Land  Registry)   (the   property).  Mr McGoon presently lives in the property as his family home.

[3]                 The title to the property is in the name of Mr McGoon  and  his  son,  Dickson Jason McGoon, as trustees of the Joseph McGoon Family Trust (the Trust).

[4]The title to the property is endorsed “No survivorship”.

[5]                 Mr McGoon is presently taking steps to wind up the Trust and wishes to have the property transferred to his sole name.

RE McGOON [2022] NZHC 377 [7 March 2022]

[6]Accordingly, he seeks orders in the following terms:

(a)Removing the “No survivorship” endorsement on Certificate of Title WN39C/389 (Wellington Registry).

(b)Transferring Certificate of Title WN39C/389 (Wellington Registry) from Joseph McGoon and Dickson Jason McGoon to Joseph McGoon only.

(c)Dispensing with advertising in the Gazette and newspaper.

[7]                 Mr McGoon has filed an affidavit in support of his application. In that affidavit, Mr McGoon notes that he is a widower. He has four adult children who are named as discretionary  beneficiaries  under  the  Trust.  Those  children  are Dickson Jason McGoon, Lydia Strathearn, Marilyn Fiona McGoon and Sireli Jacob McGoon. Mr McGoon also has 15 grandchildren, some of whom are minors. The grandchildren and Mr McGoon himself are the other discretionary beneficiaries under the Trust.

[8]                 In his affidavit, Mr McGoon says that he no longer requires the Trust and he and his son Dickson, as the trustees of the Trust, wish to take steps to have it wound up, to remove the “No survivorship” endorsement on the title and to have the property transferred to Mr McGoon in his own right, where it will pass in due course to his children and grandchildren.

[9]                 Mr McGoon’s affidavit annexes consents from his four children to the removal of the “no survivorship” endorsement from the title to the property and transfer of the property to Mr McGoon. Counsel’s memorandum submits that the interests of the grandchildren (some of whom are minors) are adequately represented by their parents and their rights under the Family Protection Act 1955.

[10]              The property is subject to a mortgage to the ANZ National Bank (the Bank). Mr McGoon’s affidavit also annexes the Bank’s consent to Mr McGoon’s application.

Orders

[11]              Having regard to Mr McGoon’s  affidavit and the consents attached to it,       I conclude that it is appropriate to make the orders sought.

[12]Accordingly, I order that:

(a)The    endorsement    “No    survivorship”    on    Certificate    of    Title WN39C/389 (Wellington Land Registry) be removed.

(b)Certificate of Title WN39C/389 (Wellington Land Registry) be transferred to the sole name of Joseph McGoon.

(c)Advertising in the Gazette and newspaper, in terms of s 133 of the Act, is not required.

[13]No question of costs arises.

Gwyn J

Solicitors:
Mr G Manktelow, Lower Hutt