24 Apr 2020
SMITH v POVEY [2020] NZHC 805
- Citation
- [2020] NZHC 805
- Court
- High Court
Removal of Ms Povey was expedient because she delayed administration by failing to progress the agreed sale since 2013, her uncompleted purchase attempts and inactivity since 2018 hindered winding up the estate and risked diminution of value (property uninsured), she did not assert a legal right to remain in occupation, and removal advancing sale and distribution of the estate was suitable, practical and efficient; accordingly Povey was removed, vacant possession ordered with a practical timeline, and costs ordered to be paid from the estate.