New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Appointment of agent
  • 17 Apr 2014

    GREGORY v SIMPSON [2014] NZHC 818

    Citation
    [2014] NZHC 818
    Court
    High Court

    Given the irreconcilable breakdown in relations and the necessity for certainty, the Court exercised its s 339/343 discretion to order sale by public auction with specified marketing and procedural safeguards, appointed the plaintiffs' preferred listing agent (Paul Donovan of Barfoot & Thompson subject to Point Chevalier office assistance), fixed a default reserve of NZD 2,300,000 if parties could not agree, and ordered automatic vesting in the defendants or their nominee upon payment of NZD 2,300,000 less adjustments if the property was passed in, thereby securing a minimum cash outcome for…