Barratt-Boyes v Huntley [2014] NZHC 1718 (23 July 2014)

Last Updated: 1 August 2014

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CIV-2014-404-1716 [2014] NZHC 1718

UNDER	the Trustee Act 1956
IN THE MATTER	of an application under s 52 for a vesting order of land
BETWEEN	JOHN NORMAN BARRATT-BOYES and BEVERLEY KAYE DEVERALL as trustees of the Kenneth Huntley Family Trust and as trustees of the Shirley Huntley Family Trust Plaintiffs
AND	KENNETH HUNTLEY as a former trustee of the Kenneth Huntley Family Trust First Defendant SHIRLEY DONALDSON HUNTLEY as a former trustee of the Shirley Huntley Family Trust Second Defendant

On the papers:
Counsel:	JN Barratt-Boyes for plaintiffs
Judgment:	23 July 2014

_{JUDGMENT OF FAIRE J}

This judgment was delivered by me on 23 July 2014 at 11am pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Date...............

_{Solicitors: Barratt-Boyes Law Practice, Auckland}

Barratt-Boyes v Huntley [2014] NZHC 1718 [23 July 2014]

[1] The plaintiffs are trustees of the Kenneth Huntley Family Trust and the

Shirley Huntley Family Trust. The trusts were established on 26 March 1992.

[2] Kenneth Huntley and Shirley Donaldson Huntley were formerly the trustees respectively of each of the trusts.

[3] There is evidence that both Kenneth Huntley and Shirley Donaldson Huntley suffer from dementia and are unable to manage their affairs. That evidence is in the form of a Certificate of Mental Incapacity provided by mental practitioners.

[4] Both Kenneth Huntley and Shirley Donaldson Huntley were removed as trustees through powers exercised by the remaining original trust, Mr JN Barratt- Boyes and pursuant to s 43(1) of the Trustee Act 1956. The appointments relied on enduring powers of attorney.

[5] Both trusts are owners of a property described as 77c Benson Road, Remuera, Auckland comprised in certificate of title NA54C/272. The trusts are recorded as tenants-in-common in equal shares.

[6] The present trustees now seek a vesting order so that the property may be transferred into the names of the current trustees of both trusts alone. The purpose of the vesting order is to regularise the position so that all present trustees are shown on the title. Section 52 of the Trustee Act 1956 justifies the making of a vesting order in these circumstances.

[7] The only other parties that may have an interest in the application are the former trustees. An order was made on 17 July 2014 dispensing with service on Kenneth Huntley and Shirley Donaldson Huntley. On that basis, it is appropriate that I deal with this application on the papers, which I now do.

[8] Accordingly, I order that the property at 77c Benson Road, Remuera, Auckland comprised in certificate of title NA54C/272 vest in John Norman Barratt- Boyes and Beverley Kaye Deverall as trustees of the Kenneth Huntley Family Trust

and in John Norman Barratt Boyes and Beverley Kaye Deverall as trustees of the

Shirley Huntley Family Trust as tenants-in-common in equal shares.

[9] I reserve leave to apply in case further orders are required to implement the vesting of the property in the plaintiff trustees. Such application may be made by

_memorandum.

JA Faire J