Thomas Wilson Trustees Limited v Holwell

[2018] NZHC 2659

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CIV-2018-488-111 [2018] NZHC 2659

UNDER

Part 19 of the High Court Rules and the

Trustee Act 1956

IN THE MATTER

of an application for a vesting order in respect of land

BETWEEN

THOMAS WILSON TRUSTEES LIMITED, ASHLEY JAMES HOLWELL and EMMA KARLI HOLWELL

Applicants

AND

COLIN PERCY HOLWELL Respondent

On the papers
Counsel:	P Magee for Applicants
Judgment:	15 October 2018

JUDGMENT OF TOOGOOD J

This judgment was delivered by me on 15 October 2018 at 4.15 pm

Pursuant to Rule 11.5 High Court Rules

Registrar/Deputy Registrar

THOMAS WILSON TRUSTEES LIMITED v HOLWELL [2018] NZHC 2659 [15 October 2018]

[1]      The applicants are the current trustees of the Holwell Family Trust ("the Trust") constituted by a Deed dated 18 May 1977, of which the respondent, Colin Percy Holwell ("Colin") is the settlor.

[2]      The applicants, Ashley James Holwell and Emma Karli Holwell, are Colin's children. Thomson Wilson Trustees Limited is a trustee company.

[3]      The land comprised in Computer Freehold Register NA25A/13 and Computer Freehold Register NA974/71 under the Land Transfer Act 1952 is Trust property. Colin and Thomson Wilson Trustees Limited are the registered proprietors of the land.

[4]      I am satisfied that, on the basis of the medical evidence provided, Colin is suffering a disability and is no longer capable of executing the necessary documents to transfer his interest in the land to the trustees in whom it must be vested if Land Information New Zealand is to give effect to any transfer of the property.

[5]      The applicants apply:

(a)      for leave to bring an application under Part 19 of the High Court Rules;

(b)      an order dispensing with service;

(c)an originating application seeking a vesting order in respect of the Trust property.

[6]      I am satisfied that there is no person affected by the application who should be served and that it is appropriate to make the orders sought by way of originating application.

[7]      Accordingly, I grant leave for the application to be brought as an originating application and dispense with service.

[8]      I make an order in terms of the draft filed by counsel, namely:

Pursuant to Section 52(1)(b)(i) of the Trustee Act 1956, that the land held in CFR NA25A/13 and CFA NZ974/71 is to vest in Thomson Wilson Trustees Limited, Ashley James Howell and Emma Karli Holwell.

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

Toogood J