25 May 2018
LAPWOOD v LAPWOOD [2018] NZHC 1206
- Citation
- [2018] NZHC 1206
- Court
- High Court
Summary judgment was refused because an application under s 339 involves the Court's broad discretion and a range of possible outcomes as to mode of division and sale; there remained arguable alternatives (including mode of sale, appointment of independent agent or receiver, and occupant possession issues) such that there was a real question to be tried and a full hearing was required; procedural defects in parties/service were corrected and the matter was remitted for a one-day hearing with directions and timetable.