8 Jul 2021
PENIEL CONSTRUCTION LTD (IN LIQ) v HOLLIS AND ORS [2021] NZHC 1691
- Citation
- [2021] NZHC 1691
- Court
- High Court
The Court found the four registered owners were holding the property on trust for the wider family (at least the six siblings and the parents' estates), concluded Samuela did not hold a one-quarter beneficial interest and proceeded on the least favourable assumption to applicants that he held one-sixth; weighing s342 factors, the significant hardship and innocence of the other family members outweighed the applicants' interest and the discretion under s339 was exercised against ordering sale; application dismissed and costs awarded to respondents from 5 July 2019.