29 Jun 2023
MAULE v COOPER [2023] NZHC 1638
- Citation
- [2023] NZHC 1638
- Court
- High Court
The Court validated the parties' 18 July 2018 informal agreement under s21H because non‑compliance with s21F had not materially prejudiced the plaintiff; accordingly defendant must pay $37,000; the Court declined to order full shortfall recovery of $162,561.02 and would not enter judgment for that sum; the defendant must seek mortgagee/creditor releases and take steps to effect transfers of Bush Road and Jumbo Bins (with plaintiff's cooperation), the Mangawhai shortfall claim failed on construction, the application to set aside under s21J was dismissed, and the plaintiff's amendment applicati…