Smith v Walsh

[2020] NZHC 69

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CIV-2019-476-40

[2020] NZHC 69

IN THE MATTER

Of an application for a vesting order pursuant to s 52 of the Trustee Act 1956

BETWEEN

CHRISTINA JOAN SMITH

Applicant

AND

PETER FENTON WALSH

Respondent

Hearing:	On the Papers
Counsel:	M J de Buyzer for Applicant
Judgment:	4 February 2020

JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 4 February 2020 at 1.00pm pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar 4 February 2020

SMITH v WALSH [2020] NZHC 69 [4 February 2020]

[1]                   In an interim judgment issued on 20 December 2019, I determined that it was appropriate that orders be made removing the respondent as a trustee of the Estate of Arthur Fenton Walsh.1

[2]                   The background and reasons for the applicant making this application are set out in the interim judgment.

[3]                   Counsel for the applicant has filed a memorandum seeking the orders to address matters raised in my interim judgment and I consider that those orders, for the reasons given in the interim judgment, are appropriate.

[4]                   Accordingly, for the reasons given in the interim judgment, the following orders are made:

(a)Pursuant to the provisions of s 51 of the Trustee Act 1956, orders:

(i)removing Peter Fenton Walsh as executor/trustee of the Estate of Arthur Fenton Walsh; and

(ii)appointing Michael John de Buyzer as executor/trustee of the Estate of Arthur Fenton Walsh and of the Estate of Brenda Marjorie Walsh.

(b)Pursuant to the provisions of 52 of the Trustee Act 1956 orders:

(i)to transfer the interest of Brenda Marjorie Walsh and Peter Fenton Walsh in the property at 39 Tasman Rd, Otematata being an estate in fee simple containing 572 square metres more or less and being Lot 63 Deposited Plan 12349 contained in Record of Title OT4A/308, Otago Registration District into the names of Christina Joan Smith and Michel John de Buyzer as to an undivided one half share; and

1      Smith v Walsh [2019] NZHC 3476 [20 December 2019].

(ii)transferring the interest of Christina Joan Smith in the property at 39 Tasman Rd, Otematata being an estate in fee simple containing 572 square metres more or less and being Lot 63 Deposited Plan 12349 contained in Record of Title OT4A/308, Otago Registration District into the names of Christina Joan Smith and Michael John de Buyzer as to an undivided one half share.

Associate Judge Lester

Solicitors:

Berry & Co, Oamaru