7 Sept 2020
BROWNING v JONES [2020] NZHC 2308
- Citation
- [2020] NZHC 2308
- Court
- High Court
The plaintiff was entitled to summary judgment for repayment of the principal sum of $394,800 because the deed and mortgage were valid, the cause of action accrued within the 12 year limitation for deeds, the defendant offered no evidence to support waiver or estoppel and the mortgage expressly required written waiver; default interest is recoverable but limited by the six year limitation on arrears of interest to $284,256; an order under s 339 Property Law Act 2007 for sale of the co-owned property is appropriate on the evidence, but detailed directions for marketing and distribution cannot…