K v K [2023] NZHC 1153

K v K [2023] NZHC 1153

The respondent was in breach of the prior order at [113(e)] by refusing to cooperate with marketing and failing to vacate; he was therefore an unlawful occupier. The Court ordered him to vacate the family home within 10 working days, granted trustees leave to apply for a Possession Order if he failed to comply, and awarded costs to the applicant on a 2B basis.

Citation
[2023] NZHC 1153
Parties
Applicant: Mrs K; Respondent: Mr K
Court
High Court
Jurisdiction
New Zealand
Judgment Date
15 May 2023
Procedural Posture
Property (relationships) Act 1976; Family Proceedings Act 1980 Post Judgment Enforcement / Post Judgment Application for Further Orders to Enforce Vacant Possession
Outcome
Respondent ordered to vacate family home within 10 working days; trustees may apply for a Possession Order if respondent fails to comply; costs awarded to applicant on a 2B basis.
Legal Topics
Variation of Trust Deed, Removal of Trustee, Enforcement of Court Order, Possession of Family Home, Breach of Court Order, Costs
Family Law Trusts Property Law Civil Procedure Variation of Trust Deed Removal of Trustee Enforcement of Court Order Possession of Family Home +2 more

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Parties

Mrs K

Applicant

Mr K

Respondent

Procedural Posture

Property (relationships) Act 1976; Family Proceedings Act 1980 Post Judgment Enforcement / Post Judgment Application for Further Orders to Enforce Vacant Possession

Legal Issues

  1. 1 Whether the respondent breached the prior court order requiring cooperation with marketing or vacate the family home
  2. 2 Whether the Court should order the respondent to vacate the family home and permit trustees to seek a possession order
  3. 3 Whether costs should be awarded and on what basis

Ratio Decidendi

The respondent was in breach of the prior order at [113(e)] by refusing to cooperate with marketing and failing to vacate; he was therefore an unlawful occupier. The Court ordered him to vacate the family home within 10 working days, granted trustees leave to apply for a Possession Order if he failed to comply, and awarded costs to the applicant on a 2B basis.

Court Disposition

Respondent ordered to vacate family home within 10 working days; trustees may apply for a Possession Order if respondent fails to comply; costs awarded to applicant on a 2B basis.

Orders

  • Respondent to vacate the family home property within 10 working days of this judgment.
  • If the respondent fails to comply with order (a) the trustees may apply to the Registrar of the Court for a Possession Order in respect of the property.