3 Aug 2023
MIDDLEMISS v MIDDLEMISS [2023] NZHC 2051
- Citation
- [2023] NZHC 2051
- Court
- High Court
The plaintiff established entitlement to a sale order under s 339(1)(a) and to related orders under s 343: formal proof was available because the defendant failed to file a defence; consideration of s 342 factors showed equal shares, the property in disrepair, clear financial hardship to the plaintiff, lack of contributions by co-owners, and the defendant's non-engagement; accordingly the Court granted the formal proof application and ordered sale and division of proceeds, and awarded the plaintiff legal costs of $26,580.83 to be paid from the defendant's share.