21 May 2007
JOONG SEOK KO AND YOUN JA KIM V P J H CHAMBERLAIN, K C GOLDSTONE, N J PORTER AND A J STEELE AND ORS HC AK CIV 2006-404-3279
- Citation
- openlaw-7656a408_6b75_46fc_91af_768d2fd5aa3b.pdf
- Court
- High Court
The court held that co-owners of cross-leased land remain entitled to the statutory right to partition; cross-lease titles and interlocking leasehold/freehold obligations do not of themselves oust the statutory right absent clear express contracting-out; accordingly the plaintiffs were entitled to an order declaring the court will order partition of the property, subject to the form of partition and the obtaining of requisite resource/subdivision consent, with matters of detailed form and value adjustments reserved for further proceedings.