21 Sept 2021
TOLLEY & ORS v HONA [2021] NZHC 2481
- Citation
- [2021] NZHC 2481
- Court
- High Court
Given plaintiffs are majority co-owners in an intolerable position caused by the defendant's non-cooperation and abuse of trust, the court exercised its s339 discretion to order an immediate valuation with compelled access, staged sale directions to a family purchaser with proceeds held in solicitors' trust pending distribution, and adjourned the separate reparation claim to permit participation or joinder of the Public Trust/estate because primary fiduciary duties ran to the deceased and the administrator may be the proper claimant.