5 Feb 2008
J A KING V D A TANA HC WHA CIV 2007-488-000734
- Citation
- openlaw-b04b09b1_a16b_496f_aa85_93c68d3ec024.pdf
- Court
- High Court
Plaintiff entitled to at least one-half; s140(1) therefore mandates sale absent good reason to the contrary; s140(3) cannot be used to compel the defendant to purchase because no application by plaintiff under that subsection and s140(3) is limited to a party requesting sale who offers to sell own share; defendant had not timely pursued determination of his claim; court in exercise of residual discretion under r136 grants summary judgment ordering sale with proceeds allocated 50% to plaintiff, 20% to defendant and 30% held in trust for three months to enable defendant to litigate his claim.