New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

High court rules r13.9
  • 25 May 2023

    LUNN v LEE [2023] NZHC 1275

    Citation
    [2023] NZHC 1275
    Court
    High Court

    Given the prior judgment, service on the respondent, the condition of the property and the respondent's failure to take steps, the Court exercised its discretion under r 13.9 and r 17.81 to grant a possession order, authorised issuance of a writ of possession, but ordered the writ to lie in Court unexecuted for two weeks to permit the respondent an opportunity to vacate; costs and expenses of enforcement to be paid by the respondent on a 2B basis and the applicant to indemnify the Court for costs of taking possession.