13 Feb 2023
TURNER v GOLDSBURY [2023] NZHC 179
- Citation
- [2023] NZHC 179
- Court
- High Court
Applying s 342 factors the Court concluded they weighed against partition: the cross-lease and its arbitration mechanism provided an existing, workable means to resolve disputes; an arbitrator had found the defendants' refusal reasonable; the prejudice to defendants from losing cross-lease rights outweighed the applicants' hardship; accordingly the Court declined to exercise its discretion to order partition.