18 Jul 2022
CUMMING v SMYTH [2022] NZHC 1701
- Citation
- [2022] NZHC 1701
- Court
- High Court
Because the defendant did not contest the application, the property was vacant, deteriorating and subject to mortgage arrears, and the statutory considerations in s342 favoured sale, the Court exercised its s339 and s343 discretion to grant summary judgment ordering sale by deadline treaty with specified sale and disbursement directions and a $200,000 retention pending determination of occupation rent and contribution claims.