3 Dec 2018
PENE v PENE [2018] NZHC 3140
- Citation
- [2018] NZHC 3140
- Court
- High Court
Having regard to s 342 factors the Court ordered sale under s 339 because the plaintiff demonstrated significant hardship, the defendant was in default of financial obligations and uncooperative, the parties’ relationship had irretrievably broken down, and the balance of justice favoured sale; the Court awarded compensation to plaintiff from defendant’s 50% share for specified contributions and unpaid occupation, fixed a reserve price, and directed how sale proceeds were to be applied and divided.