Price v Price

[2020] NZHC 2741

IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY

I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE

CIV-2020-425-56

[2020] NZHC 2741

UNDER

the Trustee Act 1956

BETWEEN

MARK ALLAN PRICE

Plaintiff

AND

DAVID ANTHONY PRICE

Defendant

Hearing:	(Determined on the papers)
Counsel:	K A Menlove for the Plaintiff
Judgment:	16 October 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 16 October 2020 at 3.30pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 16 October 2020

PRICE v PRICE [2020] NZHC 2741 [16 October 2020]

[1]    In this proceeding, the plaintiff, Mark Allan Price (Mark), seeks to be appointed sole trustee of the Will Trust in relation to his mother’s estate (Verna Price). The papers initially filed referred to Mark having a sister, Miriam, and it was not clear to me if there were other siblings.

[2]    In an interim judgment dated 1 October 2020, I made procedural orders permitting this matter to proceed by way of originating application and in respect of service and dispensing with the need for a litigation guardian to be appointed in respect of the respondent.1

[3]    In that interim judgment, I sought clarification of Miriam’s attitude to the application given Mark would be sole trustee and a beneficiary of the Will Trust.

[4]    Counsel have filed a helpful memorandum advising that Mark has four siblings. They are, with Mark, equal beneficiaries in the Will Trust. Each has provided a signed consent to the application. In short, Mark’s siblings are happy for him to be sole trustee of the Will Trust.

[5]    On that basis, I am satisfied that the necessary vesting order (necessary as now Mark is the sole trustee) can be made.

[6]    Accordingly, there is an order pursuant to s 52 of the Trustee Act 1956 vesting the half-share held by David Anthony Price and Mark Allan Price as executors in Identifier SL11A/279 being Part Lot 1 Deposited Plan 1231, an estate in fee simple in the Southland Land Registration District in Mark Allan Price as sole executor.

Associate Judge Lester

Solicitors:

Sheddan Pritchard Law Ltd, Gore

1      Price v Price [2020] NZHC 2572