Newing

[2019] NZHC 2249

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CIV-2019-454-54

[2019] NZHC 2249

IN THE MATTER OF

an application for a Vesting Order pursuant of s 52 of the Act

BETWEEN

ROBYN SUZANNE NEWING and

CRAIG PATERSON HART in their capacity as Trustees of the MA & NM Howell Trust Applicants

2249

On the papers:
Counsel:	N Jessen and T Gilchrist for Applicants
Judgment:	9 September 2019

JUDGMENT OF CNURCHMAN J

[1]On 4 September 2019, the applicants filed the following documents:

(a)originating application without notice for vesting order pursuant to s 52 of the Trustee Act 1956;

(b)without notice application for permission to commence proceedings by way of originating application; and

(c)affidavit of Robyn Suzanne Newing for a memorandum of counsel.

[2]        The vesting order seeks to vest in the name of the applicants as trustees of the MA & NM Howell Trust, a property situated at 6 Chertsey Court, Palmerston North, described in Record of Title WN19B/758, presently registered in the names of Craig Paterson Hart, Mervyn Alva Howell and Noelene Melva Howell.

NEWING & HART [2019] NZHC 2249 [9 September 2019]

[3]        The affidavit of Robyn Newing confirms that she is the daughter of Mervyn and Noelene Howell; that Mervyn and Noelene Howell have become medically incapacitated, unable to continue to act as trustees of the MA & NM Howell Trust and have been replaced as trustees by the applicants.

[4]        The affidavit confirms that in order to have the property at 6 Chertsey Court vested in the names of the current trustees, it is necessary for the Court to make such an order.

[5]        I am satisfied that it is appropriate for these proceedings to be commenced by way of without notice application, and that the grounds have been made out for an order vesting the property at 6 Chertsey Court in the names of the applicants in their capacity as trustees of the MA & NM Howell Trust, and I make such an order.

Churchman J

Solicitors:
Cooper Rapley Lawyers, Palmerston North for Applicants