5 Oct 2018
BARLOW v BARLOW [2018] NZHC 2606
- Citation
- [2018] NZHC 2606
- Court
- High Court
Given the impasse and the s 342 factors the only practicable remedy is sale: order property sold by auction; outstanding council rates are to be paid from sale proceeds rather than by the occupant personally; summary judgment on the substantial unpaid rent claim was declined because of factual conflict on dates and extent of occupation, but to achieve a just outcome the court ordered the net sale proceeds (after deductions) be divided ten ways among the plaintiffs and one opposing owner effectively excluded from a share to account for his benefit from occupation.