New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Compensation under s343
  • 3 May 2019

    WEBER v HENDERSON [2019] NZHC 964

    Citation
    [2019] NZHC 964
    Court
    High Court

    The court ordered division of net sale proceeds according to the parties' percentage contributions (90.4% to Weber = $92,357.25; 9.6% to Henderson = $9,807.85 as starting point) and, exercising s343, awarded compensatory payments to Weber totalling $23,993.04 made up of loan non-payment penalties, unequal joint account contributions, rates/insurance, chattels damage and Henderson's share of the GE Money loan; claim for reduction in market value rejected for lack of evidence; legal costs awarded on a 2B scale rather than full indemnity.