Tipene

[2018] NZHC 2996

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-2523

[2018] NZHC 2996

UNDER

Section 52 of the Trustee Act 1956

IN THE MATTER

Of the Sam Tipene and Bunny Crawley Family Trust

BETWEEN

EARL LUKE TIPENE

Applicant

Hearing:	On the papers
Counsel:	D B Webster for Applicant
Judgment:	19 November 2018

JUDGMENT OF WHATA J

This judgment was delivered by me on 19 November 2018 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Webster Law, Auckland

RE EARL LUKE TIPENE [2018] NZHC 2996 [19 November 2018]

[1]                  This is an application to replace a trustee of the Sam Tipene and Bunny Crawley Family Trust and for vesting orders which will enable the property of the Trust to be sold and the proceeds applied to the care of Bunny.

[2]                  The application is supported by an affidavit of Earl Luke Tipene, one of the present trustees of the Trust. He notes, among other things, that:

(a)Bunny is a current trustee of the Trust but has been assessed as mentally incapacitated. This is supported  by  a  medical  report  prepared  by Dr Vijay Kumar.

(b)Mr Earl Tipene, as the sole trustee now capable of exercising the powers given to the trustees pursuant to cl 17.3 of the Trust, wishes to retire Bunny and appoint his sister, Sara Naomi Crawley-Allen, as a trustee.

(c)The trustees of the Trust are currently registered proprietors of a property at 11 Wood Street, Mangawhai. This is the only asset of the Trust.

(d)A vesting order is also needed in order to be able to transfer or otherwise deal with the property owned by the trustees.

[3]                  Mr Luke has consulted with all his brothers and sisters, who are the beneficiaries under the Trust, and they all consent to the order being made. Copies of written consents are attached to the affidavit.

[4]                  Given the foregoing, I am satisfied that there is a proper basis for making the orders as sought, pursuant to ss 52 and 64 of the Trustee Act 1956.

[5]There shall be orders accordingly.