12 Jul 2017
KUMAR v PATEL [2018] NZHC 1725
- Citation
- [2018] NZHC 1725
- Court
- High Court
Court declined to refer the dispute to arbitration because the parties had submitted to the Court's jurisdiction by consenting to the s339 sale order; the applicant failed to prove forceful ouster but equity under s343(f) required partial occupation rent because the court-appointed sale facilitator had requested vacant possession on 25 February 2018 and the respondent failed to vacate; occupation rent awarded from 25 February 2018 to 15 June 2018 at half of a fair market weekly rent fixed at NZD190; cleaning costs and 2B costs awarded to applicant to be paid from respondent's share of sale pr…