30 Oct 2019
SUTHERLAND v WAITAI [2019] NZHC 2781
- Citation
- [2019] NZHC 2781
- Court
- High Court
The Court authorised the plaintiff to execute the transfer of the Waipu Blocks to the purchaser without the defendant's execution because the estate could not meet the outstanding mortgage, further delay would prejudice beneficiaries and risk a mortgagee sale, the defendant failed to produce any unconditional better offer, and the Trustee Act 1956 permits the Court to make such an order to protect beneficiaries' interests.