13 Jun 2023
JONES v TUHAKARAINA [2023] NZHC 1462
- Citation
- [2023] NZHC 1462
- Court
- High Court
Leave to defend out of time was refused because the respondent failed to identify any substantial defence and did not reasonably explain the delay; applying s 342 factors the applicants (majority owners) were entitled to an order for sale because the respondent had breached the Agreement, failed to make mortgage payments since 2020, failed to vacate after notice, and had not engaged to remedy the breach, so sale with allocation of proceeds per the Agreement was just and appropriate.