1 Sept 2017
NICHOLSON v DUNICK [2017] NZHC 2126
- Citation
- [2017] NZHC 2126
- Court
- High Court
Summary judgment on the partition application was declined because s 339 confers a wide judicial discretion requiring assessment of comparative hardship, contractual and equitable considerations, and practical consequences; genuine factual and equitable disputes (existence of deadlock, potential loss of cross-lease protections, issues of unclean hands, and feasibility and fairness of proposed partition) made summary determination unsafe and a full hearing or alternative dispute resolution was required.