White v White

[2020] NZHC 2026

IN THE HIGH COURT OF NEW ZEALAND DUNEDIN REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTEPOTI ROHE

CIV-2020-412-38

[2020] NZHC 2026

UNDER

the Trustee Act 1956

AND

IN THE MATTER

of the R L WHITE FAMILY TRUST

BETWEEN

ANDREW PETER WHITE

Applicant

AND

RUBY LORRAINE WHITE AND WENDY

JOY BLACKIE, as trustees of the R L White Family Trust

Respondents

Hearing:	On the papers
Appearances:	J C D Guest
Judgment:	11 August 2020

FINAL JUDGMENT OF ASSOCIATE JUDGE LESTER

This judgment was delivered by me on 11 August 2020 at 11.00am pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar

11 August 2020

WHITE v WHITE [2020] NZHC 2026 [11 August 2020]

[1]                 With the updating medical evidence now to hand, as requested in my interim judgment delivered on 11 June 2020,1 for the reasons given in that judgment, I am satisfied the orders sought by the applicant, Mr Andrew White, are appropriate.

Orders

[2]                 I make orders in terms of the draft order attached to the memorandum of counsel dated 6 July 2020, with the following amendments to reflect the full legal description of the property. An order in terms set out below may now be sealed.

(a)Leave is given to bring this application by way of originating application.

(b)The     appointment     of     a     litigation     guardian     for     RUBY LORRAINE WHITE is dispensed with.

(c)Service of the originating application on RUBY LORRAINE WHITE or any other person is dispensed with.

(d)RUBY LORRAINE WHITE is removed as a trustee of the R L White Family Trust and in her place ANDREW PETER WHITE of Dunedin, Company Director is appointed a trustee of that Trust.

(e)The  real  estate  held   by   the   R   L   White   Family   Trust   at   32c Frances Street, Balclutha, being the land comprised and described in Land Identifier OT5A/455 and being an estate in fee simple containing 563 square metres more or less,  on  Lot  2  Deposited  Plan 12737, Otago Land Registration District, currently held in the

1      White v White [2020] NZHC 1295.

names of RUBY LORRAINE WHITE and WENDY JOY WHITE shall immediately vest in WENDY JOY BLACKIE and ANDREW PETER WHITE (jointly).

Associate Judge Lester

Solicitors:
Downie Stewart, Dunedin