10 May 2019
KID COUNTRY TE ATATU LTD v HOY [2019] NZHC 988
- Citation
- [2019] NZHC 988
- Court
- High Court
The Court ordered partition because Kid Country would suffer appreciably greater hardship from refusal (reliance on apparent agreement, substantial borrowing, lack of income from the unit and granted resource consents) than the hardship to Mr Hoy from making the order; factual findings supported that Kid Country reasonably believed Mr Hoy agreed in principle prior to purchase and the parties were at an impasse incompatible with a cross‑lease, satisfying the s 342 considerations overall.