2 Feb 2021
BANK OF NEW ZEALAND v PADAMATI [2021] NZHC 45
- Citation
- [2021] NZHC 45
- Court
- High Court
The s 342 factors favour ordering sale under s 339: the plaintiff is a first-ranking mortgagee with a substantial unpaid debt, the defendants and Official Assignee did not oppose or act to protect the property, the property is not a family home, and the plaintiff would suffer hardship if prevented from realising its security; accordingly the Court ordered sale under the plaintiff's control with specified priority of distribution and a seven-day stay to enable the second defendant to make an offer.