20 Oct 2010
BALL V CHESMAR HC CHCH CIV 2009-409-00109
- Citation
- openlaw-95c19568_eed9_45cd_86cf_8e94c5d05cb5.pdf
- Court
- High Court
The defendant, as a trustee/co-beneficiary in continued exclusive occupation, owed an equitable obligation to account to the plaintiff; the court computed a monetary award by valuing the estate share (quarter of net equity) and offsetting a fair proportion of the payments made by the occupying co-owner against the plaintiff's loss of occupation benefit, arriving at a judgment sum rather than ordering an immediate sale due to market uncertainty.