21 Jan 2019
PHILLIPPS v PHILLIPPS [2019] NZHC 15
- Citation
- [2019] NZHC 15
- Court
- High Court
On the uncontested evidential material the s 342 factors when balanced (registered owners seeking sale, property deterioration, unpaid rates and lack of contribution by occupant, prior notice to occupant, defendant's non-engagement and inadequate offer to purchase) lead to the single permissible outcome being sale under s 339; summary judgment was therefore appropriate and ancillary orders under s 343 were justified including authorisation to a co-owner to sign necessary documents and an equal quarter division of net sale proceeds.