20 Sept 2016
BUNYAN v PARISH [2016] NZHC 2225
- Citation
- (2016) 18 NZCPR 163
- Court
- High Court
The Court exercised its statutory discretion under s 339(1)(c) to order that the applicants purchase the respondent's half share. The respondent receives a purchase price equal to half the property's established value less a credit for the respondent's actual payments ($8,811.15) and a deduction for the applicant's excess contributions ($80,562.85) plus an interest allowance for those excess contributions (~$42,000). Occupation rent for the long post-separation period was declined given the respondent's written disclaimer and conduct; a limited short exclusion claim was not pursued.