DEL LA VARIS-WOODCOCK & ORS v THOMAES & ORS [2017] NZHC 1041

DEL LA VARIS-WOODCOCK & ORS v THOMAES & ORS [2017] NZHC 1041

Sale of the whole property was not fair because majority co-owners wished to remain; ordered purchasers of the first and second plaintiffs' shares by remaining co-owners in proportion to existing shares on basis of a new independent valuation; made interim proposal to divide the land into three blocks (back: fifth and sixth plaintiffs; middle: third plaintiff; front: defendants) of at least 20 hectares each subject to obtaining necessary RMA consents; allocated costs for valuation and future subdivision to be borne proportionately and directed outstanding rates and prior subdivision application costs be paid as ordered.

Citation
(2017) 18 NZCPR 686
Parties
First Plaintiff: Victoria Julietta Vera del Lavaris-Woodcock; Second Plaintiff: Janette Ann Ajani; Third Plaintiff: Keven Bartley Scheurich; Third Plaintiff: D.G. Trust Co Limited; Fourth Plaintiff (withdrawn): Atna Okan; Fourth Plaintiff (withdrawn): Shantimurti Okan; Fifth Plaintiff: Christopher Andrew Graham; Fifth Plaintiff: Teremoana Emily Jones; Sixth Plaintiff: Gayhe Patricia Martin; First Defendant: Lief Thomaes; Second Defendant: Julia Alabaster; Third Defendant: Harold John van Blommestein; Third Defendant: Kathleen Joy Lee
Court
High Court
Jurisdiction
New Zealand
Judgment Date
19 May 2017
Procedural Posture
Co Ownership Dispute (property Law Act S339) / Judgment (final)
Outcome
Court ordered buy-out of First and Second Plaintiffs' shares by remaining co-owners proportionate to existing shares and made interim orders proposing division of the property into three lots subject to RMA consents; ordered payment of outstanding rates and prior subdivision application costs as directed; reserved...
Legal Topics
Co Ownership, Partition and Buy Out, Court Ordered Division of Land, Subdivision Consent, Valuation, Allocation of Costs and Rates
Property Law Equity Civil Procedure Resource Management Law Co Ownership Partition and Buy Out Court Ordered Division of Land Subdivision Consent +2 more

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Parties

Victoria Julietta Vera del Lavaris-Woodcock

First Plaintiff

Janette Ann Ajani

Second Plaintiff

Keven Bartley Scheurich

Third Plaintiff

D.G. Trust Co Limited

Third Plaintiff

Atna Okan

Fourth Plaintiff (withdrawn)

Shantimurti Okan

Fourth Plaintiff (withdrawn)

Christopher Andrew Graham

Fifth Plaintiff

Teremoana Emily Jones

Fifth Plaintiff

Gayhe Patricia Martin

Sixth Plaintiff

Lief Thomaes

First Defendant

Julia Alabaster

Second Defendant

Harold John van Blommestein

Third Defendant

Kathleen Joy Lee

Third Defendant

Procedural Posture

Co Ownership Dispute (property Law Act S339) / Judgment (final)

Legal Issues

  1. 1 Whether the Court should order sale, division or purchase of shares under s339 Property Law Act 2007
  2. 2 How to configure division of the property to minimize future co-owner dysfunction and reflect shareholdings and attachments
  3. 3 Whether interim orders should be made pending resource consent and who bears costs including rates and prior subdivision costs

Ratio Decidendi

Sale of the whole property was not fair because majority co-owners wished to remain; ordered purchasers of the first and second plaintiffs' shares by remaining co-owners in proportion to existing shares on basis of a new independent valuation; made interim proposal to divide the land into three blocks (back: fifth and sixth plaintiffs; middle: third plaintiff; front: defendants) of at least 20 hectares each subject to obtaining necessary RMA consents; allocated costs for valuation and future subdivision to be borne proportionately and directed outstanding rates and prior subdivision application costs be paid as ordered.

Court Disposition

Court ordered buy-out of First and Second Plaintiffs' shares by remaining co-owners proportionate to existing shares and made interim orders proposing division of the property into three lots subject to RMA consents; ordered payment of outstanding rates and prior subdivision application costs as directed; reserved...

Orders

  • Order that the shares of the First and Second Plaintiffs be bought by the remaining co-owners proportionately to their existing shares on basis of a new independent valuation of the whole property commissioned by the Court
  • Valuation and costs of sale to be paid by all current co-owners in proportion to their existing shares; Registry to liaise regarding valuer and all co-owners to provide access to buildings