21 Jul 2010
WATENE V COOK & ANOR HC HAM CIV 2010-419-000222
- Citation
- openlaw-fbca979c_c2e1_4379_921d_df4cb29f7dbe.pdf
- Court
- High Court
Because the plaintiff is the registered proprietor and administrator with paramount title under the Land Transfer Act and the defendants advanced no viable defence to the possession claim, summary judgment for immediate possession of 64 Harris Street is appropriate; however conflicts of evidence on damages for occupation and recovery of chattels preclude summary judgment on those issues and they must proceed to trial; the proceeding is transferred to the District Court.
- Possession/ejectment
- Summary judgment
- Trespass
- Recovery of chattels
- Damages for occupation
- Transfer of proceedings to district court