10 May 2017
FRASER v BUTLER [2017] NZHC 944
- Citation
- [2017] NZHC 944
- Court
- High Court
The court ordered sale under s339(1)(a) because the majority co-owner had been deprived of any benefit from his majority interest for over eight years while the defendant had sole occupation and received rents; the defendant's mortgage payments were treated as the price paid to acquire her 29% interest and thus were not deductible against the plaintiff's 71% share; the plaintiff was ordered to pay $7,000 compensation for damage to the electrical supply (deducted from his share); a registered valuation is to be obtained, the defendant given 30 days to buy the plaintiff's share at market value,…