New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Valuation procedure

Legal area

Court

16 Jul 2019

PAROS PROPERTY TRUST LTD v TIMOTHY [2019] NZHC 1657

Citation

[2019] NZHC 1657
Court

High Court

The application for declarations was dismissed because a necessary co-lessee (Ms Shaw) was not joined or served and material factual disputes over the construction and performance of clause 23 (including who selected the valuer and whether valid remittance was made) could not be resolved on the material before the court; accordingly the court refused declaratory relief and dismissed the originating application.
20 Sept 2016

BUNYAN v PARISH [2016] NZHC 2225

Citation

(2016) 18 NZCPR 163
Court

High Court

The Court exercised its statutory discretion under s 339(1)(c) to order that the applicants purchase the respondent's half share. The respondent receives a purchase price equal to half the property's established value less a credit for the respondent's actual payments ($8,811.15) and a deduction for the applicant's excess contributions ($80,562.85) plus an interest allowance for those excess contributions (~$42,000). Occupation rent for the long post-separation period was declined given the respondent's written disclaimer and conduct; a limited short exclusion claim was not pursued.