12 Aug 2009
ELLIS V FARMER HC AK CIV-2007-404-003872
- Citation
- openlaw-afdb1512_0872_4be2_aabf_fcbbf74cf65e.pdf
- Court
- High Court
The Court declared Mr Farmer to be the beneficial owner of a one half share of the property, held that Mr Ellis holds that one half share on trust for Mr Farmer, and ordered LINZ to transfer a one half share to Mr Farmer subject only to the registered Westpac mortgage, with caveats and charges to affect only Mr Ellis' half; the Court further ordered sale procedures and division of proceeds as specified, while preserving Westpac's mortgagee rights.