9 Oct 2013
BODY CORPORATE 343562 v McGOWAN [2013] NZHC 2621
- Citation
- [2013] NZHC 2621
- Court
- High Court
Communications showed the defendant paid the funds via the body corporate manager specifically to satisfy the District Court judgment; therefore the payment must be applied to that judgment and cannot be appropriated to other debts or to a third party. Given the only shortfall was $12, the sale order was discharged as disproportionate.