Turner v Turner

[2020] NZHC 179

IN THE HIGH COURT OF NEW ZEALAND WHANGANUI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGANUI ROHE

CIV-2020-483-01

[2020] NZHC 179

BETWEEN

CHRISTOPHER BASIL TURNER

Applicant

AND

ALICE ROBERTA TURNER

Respondent

Hearing:	On the papers
Counsel:	K N Crooks for Applicant
Judgment:	14 February 2020

JUDGMENT OF GRICE J

(Vesting order)

[1]                  Alice Roberta Turner and Cynthia Marlene Maddox, his sister are two of the trustees of a family trust. In addition, the respondent, Alice Turner, as well as Mr Basil Turner (who died on 24 September 2014) and the Armstrong Barton Trustees 2015 Ltd were trustees.

[2]                  Mrs Alice Turner is in a rest home suffering from dementia and is unable to look after her own affairs. Ms Maddox has been appointed her welfare guardian.

[3]                  A property in the name of the trust at 53 Ngatarua Road, Putiki, Whanganui remains in the names of all the trustees set out above.

[4]                  Orders are sought vesting the property in the name of Basil Turner, Christopher Basil Turner, Cynthia Marlene Maddox and Armstrong Barton Trustees 2015 Ltd. Alice Turner has been removed as a trustee of the trust due to her ongoing dementia and Armstrong Barton Trustees 2015 Ltd were appointed as trustee in her place.

TURNER v TURNER [2020] NZHC 179 [14 February 2020]

[5]                  Following the vesting of the trust property as set out above it is intended that the property can be transmitted from Basil Turner to the remaining trustees, Christopher Basil Turner, Cynthia Marlene Maddox and Armstrong Barton Trustees 2015 Ltd.

[6]                  I am satisfied that requiring the application to proceed on notice would cause undue delay to the applicant and the trustees of the trust. Alice Turner would be unable to understand the nature of any applications. I consider this is a routine matter and that the interests of justice require the application be determined without sealing notice of the application.

[7]                  I am satisfied that the application is appropriate and accordingly make orders vesting the property in terms of the application as follows:

That the property at 53 Ngatarua Road, Putiki, Whanganui, being the property comprised in Record of Title WN355/26, held by Basil Turner, Christopher Basil Turner, Cynthia Marlene Maddox and Alice Roberta Turner as Trustees of the Turner Family Trust No. 2, vest in Basil Turner, Christopher Basil Turner, Cynthia Marlene Maddox and Armstrong Barton Trustees 2015 Ltd under s 52(1)(b)(i) of the Trustee Act 1956.

Grice J

Solicitors:

Armstrong Barton, Wanganui