7 Dec 2021
SWANSON v NORRIS [2021] NZHC 3342
- Citation
- [2021] NZHC 3342
- Court
- High Court
Given estate insolvency, accruing mortgage/rates arrears, the defendant's sole occupation without contributing and failure to engage, the court exercised its discretion under s 339 to order sale and used s 343 to grant ancillary orders (vacate date, exclusive occupation to plaintiff after vacate date, postponement of marketing until a set date, plaintiff's control of agent/marketing, Registrar to sign listing and sale documents) while preserving plaintiff's ability to establish by further affidavit any deductions for repairs, utilities and occupation rent to be charged against the defendant's…