29 Apr 2013
CA CLARK V WJ HANSEN AND AM GILCHRIST HC PMN CIV-2011-454-396
- Citation
- openlaw-522ab131_6b52_4444_a9a2_639bacdf6eb6.pdf
- Court
- High Court
Court had jurisdiction to hear variation application because consent summary judgment orders expressly reserved leave. The application for immediate vacation of the property was refused because evidence of obstruction was contested and vacating posed unacceptable security and maintenance risks. The parties' agreed mechanism requiring re-instruction of the original valuer took effect; the valuer's updated market valuation ($825,000) must be used and the court varied the asking and minimum prices accordingly (asking = market +10% = $907,500; minimum = market -5% = $784,750). The sale agreement…