New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Compulsory purchase order under s 339(1)(c)
  • 5 Jul 2021

    ROBERTSON v ROBERTSON [2021] NZCA 295

    Citation
    [2021] NZCA 295
    Court
    Court of Appeal

    The Judge did not err in exercising discretion to order sale by public auction rather than partition or a court‑ordered compulsory purchase; partition was impractical due to irreconcilable differences and practical obstacles, the applicant had earlier proposed auction and affidavit evidence did not support inability to relocate, valuations relied on were outdated and would unfairly advantage applicant, and no May v May ground for appellate intervention was made out.