The New Zealand Guardian Trust Company Limited as trustee of the Fischer Trust

[2012] NZHC 3266

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CIV-2012-463-95 [2012] NZHC 3266

IN THE MATTER OF     the Trustee Act 1956

AND

IN THE MATTER OF     THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED, as trustee of The Fischer Trust

Hearing:         (on the papers)

Counsel:         C M Bidois for the New Zealand Guardian Trust Company Limited

Judgment:      5 December 2012

JUDGMENT OF WOODHOUSE J

This judgment was delivered by me on 5 December 2012 at 9:30 a.m. pursuant to r 11.5 of the High Court Rules 1985.

Registrar/Deputy Registrar

……………………………………

Solicitors:

Mr C M Bidois, East Brewster Ltd, Solicitors, Rotorua

RE THE NEW ZEALAND GUARDIAN TRUST COMPANY LIMITED HC ROT CIV-2012-463-95 [5

December 2012]

[1]      The New  Zealand  Guardian Trust  Company Limited has  applied  for  the following orders:

(a)      Under s 51 of the Trustee Act 1956, appointing The New Zealand Guardian Trust Company Limited as trustee of the Fischer Trust, in substitution for Algin Trust Services Limited and Clement Basil Fischer.

(b)Under s 52 of the Trustee Act 1956, vesting the land legally described as Unit 50 and 1/3 share of Accessory Unit 91 deposited plan 306180 comprised  in  Computer  Unit  Title  Register  24301,  in  The  New Zealand Guardian Trust Company Limited as trustee of the Fischer Trust in substitution for Algin Trust Services Limited.

[2]      Leave was granted to proceed by way of an originating application.   The applicant also sought to proceed without notice.  The Court directed that notice be given to the beneficiaries of the Fischer Trust.

[3]      The relevant documents have now been served on the beneficiaries.  No steps have been taken by any beneficiary to oppose the orders sought.   That is understandable having regard to the evidence before the Court.

[4]      The grounds  for the orders sought  are amply made out by the evidence contained in the affidavit of Ms Middlemiss.  As this application is unopposed it is unnecessary to summarise the relevant facts supporting the application.   The only fact that needs now be recorded is that Algin Trust Services Ltd, the former trustee of the Fischer Trust, was struck off the Companies Register in October 2011.

[5]      Accordingly, there are orders as sought.

Woodhouse J