New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sale of family home

  • 4 Dec 2023

    LIU v QIAN [2023] NZHC 3499

    Citation
    [2023] NZHC 3499
    Court
    High Court

    Rule 7.49 governs the application; the alleged interlocking mortgage risk was disclosed at the original hearing and the additional information now provided is not materially different or a special circumstance warranting rescission; the applicant had opportunity to be heard and has not demonstrated a real and substantial risk of a miscarriage of justice warranting a stay; therefore the interlocutory judgment ordering sale and equal division of net proceeds stands.

    • Rescission of interlocutory orders (r7.49)
    • Sale of family home
    • Interim distribution of sale proceeds
    • Interlocking mortgages and guarantor subrogation
    • Stay of execution (rr17.29–17.30)

  • 28 Sept 2022

    ATKINSON v POOLE [2022] NZHC 2477

    Citation
    [2022] NZHC 2477
    Court
    High Court

    Because the defendant failed to engage and the plaintiff established entitlement under the Property Law Act, the court ordered sale by auction through the Registrar or, at the defendant's election, purchase of the plaintiff's share, fixed occupational rent at $460 per week and granted the plaintiff access to remove his possessions.

    • Sale of family home
    • Occupational rent
    • Buyout option
    • Default judgment

  • 15 Sept 2020

    UBAID v UBAID - Costs [2020] NZHC 2397

    Citation
    [2020] NZHC 2397
    Court
    High Court

    The court exercised its discretion on an overview of the matter, concluded the parties' agreement and conduct did not establish one party as the clear successful party for costs, and ordered that costs lie where they fell; accordingly no award in favour of either party was made.

    • S 339 property law act 2007
    • S 342 property law act 2007
    • Sale of family home
    • Division of sale proceeds
    • Costs awards
    • Judicial discretion

  • 11 Dec 2014

    PB v BJB [2014] NZHC 3165

    Citation
    [2014] NZHC 3165
    Court
    High Court

    The High Court dismissed the appeals and confirmed Judge Southwick's orders: the Family Court was entitled to order sale of the family home and ancillary measures (including transfer and vesting of the ANZ Sydney CHF account into an equivalent NZ account and restrictions on withdrawals) to give effect to its orders because the respondent had deliberately obstructed the process; the contempt finding and $1,000 fine were justified as proportionate punishment for wilful disobedience; the Family Court had jurisdiction to make final spousal maintenance prior to final property division and the amou…

    • Spousal maintenance
    • Division of relationship property
    • Sale of family home
    • Transfer of foreign bank funds
    • Contempt of court
    • Interim orders