8 Mar 2012
ANZ NATIONAL BANK LIMITED V BURNISDE HC DUN CIV-2011-412-452
- Citation
- openlaw-87a3e1ee_e6e0_4fa8_b38a_48ef35259652.pdf
- Court
- High Court
The Court accepted unchallenged evidence (affidavits and the November 2008 deed of family arrangement) that Dellene held a 25% equitable interest in the land; accordingly the surplus proceeds of the mortgagee sale are to be divided into four equal parts and costs are to be allocated as ordered, including crediting ANZ's invoices from the surplus and charging specified costs against the third claimant's share under the Court's powers (r 4.64).