Pye v Pye

[2017] NZHC 17

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2016-404-3271 [2017] NZHC 17

IN THE MATTER

An application for vesting orders under

Section 52 Trustee Act 1956

AND IN THE MATTER

of Part 18 High Court Rules

BETWEEN

GRAHAM COUCH PYE AND PYE FAMILY TRUSTEE LIMITED AS CURRENT TRUSTEES OF THE PYE FAMILY TRUST

Plaintiffs

AND

GRAHAM COUCH PYE AND RUTH ISABELLA PYE AND BM TRUSTEES LIMITED AS FORMER TRUSTEES OF THE PYE FAMILY TRUST

Defendants

On the papers
Appearances:	M Phillipps for Plaintiff
Judgment:	18 January 2017

JUDGMENT OF TOOGOOD J

Solicitors:

Vicki Ammundsen Trust Law Limited

Pye v Pye & Ors [2017] NZHC 17 [18 January 2017]

[1]      Graham Couch Pye and his wife Ruth Isabella Pye are the settlors of the Pye Family Trust (the Trust).  The discretionary beneficiaries of the Trust and now Mr and Mrs Pye and their daughters Jennifer Ruth McKenzie and Carolyn Gwen Pye.

[2]      Although Mrs Pye and a trustee company were the original trustees with Mr Pye, both the trustee company and Mrs Pye have been replaced.  The trustees are now Mr Pye and Pye Family Trustee Company Limited.

[3]      The changes in trustees were motivated in part by the fact that Mrs Pye is suffering dementia and I am satisfied on the evidence that she no longer has mental capacity.

[4]      The Trust has entered into an unconditional agreement for sale of the Manly property with settlement now due to occur on 20 January 2017, so long as vesting orders are made to enable the sale to proceed without requiring Mrs Pye's agreement.

[5]      I am satisfied that sale is appropriate in the interests of the beneficiaries in order to assist Mr Pye to meet his own living expenses and the cost of care for his wife who is a resident of the Edmund Hillary Retirement Village hospital wing.

[6]      Jennifer and Carolyn consent to the vesting orders. [7]           I make the following orders accordingly:

(a)       Service of the proceeding on the defendants is dispensed with;

(b)An order is made pursuant to s 52 (1) Trustee Act 1956 vesting the right, title and interest of the defendants Graham Couch Pye, Ruth Isabella Pye and  BM Trustees  Limited  in  the property at  47 The Circle, Manly, Whangaparoa with the CFR Identifier NA 14C/682 being Lot 107, Deposited Plan 59177, North Auckland Registry and the property at 3 Mataroa Road, Mt Wellington, Auckland with the CFR Identifier NA 1687/65 being Lot 9, Deposited Plan 45593, North

Auckland Registry, absolutely in the plaintiffs' Graham Couch Pye and Pye Family Trustee Limited as trustees of the Pye Family Trust;

(c)      To give effect to the vesting order the Registrar General of Land (Land Information New Zealand) is authorised to record the transfer of the title to the properties at 47 The Circle, Manly, Whangaparoa comprised in Certificate of Title NA 14C/682, and 3 Mataroa Road, Mt  Wellington,  Auckland  comprised  in  Certificate  of  Title  NA

1687/65,   from    the   defendants   to    the   plaintiffs   as   registered proprietors.

...................................................

Toogood J