20 Jul 2017
THE COMMISSIONER, POLICE v SKIFFINGTON [2017] NZHC 1687
- Citation
- [2017] NZHC 1687
- Court
- High Court
The Court held the application for a sale order must be granted because the restrained property at 12 Moana Road was subject to mounting mortgage arrears (about $96,532.83 and increasing), the restraining order did not protect the equity or prevent erosion of value, and a sale by the Official Assignee under s35(e)(v) was necessary to preserve the property's value; accordingly the Official Assignee was directed to sell and apply proceeds to sale costs, mortgage settlement and to hold net proceeds in an interest bearing account under the restraining order.