19 Dec 2016
MACKINTOSH v THOMAS [2016] NZHC 3141
- Citation
- [2016] NZHC 3141
- Court
- High Court
The Court exercised its power under Property Law Act 2007 s 339 to order that Philip Thomas must purchase the trustees' one-half share in the Mays Block at a fair and reasonable price to be fixed, ordered that title to the trustees' half be first conveyed into the names of the present trustees, set a timetable for valuation and completion, and directed a judicial settlement conference; the Court did not resolve the contested jurisdictional point under Trustee Act s 64 and s 66 but proceeded under s 339 as the appropriate basis for relief.
- Court powers under trustee act ss 64 and 66
- Division and sale of co-owned property under property law act s 339
- Caveat and constructive trust claims
- Judicial settlement conference
- Title transfer between trustees