17 Jul 2018
CLARKE v MCALISTER [2018] NZHC 1749
- Citation
- [2018] NZHC 1749
- Court
- High Court
Summary judgment was appropriate because the defendant had no reasonably arguable defence that required trial; the Court may take into account the plaintiff's historical payments (including rates and insurance) as contributions to maintenance under s 342(e) and/or compensation under s 343; having regard to the agreed market valuation and the plaintiff's disproportionate use of the property, the proper fair and reasonable purchase price for the defendant's half interest is fixed at $15,000 and the plaintiff is ordered to purchase the defendant's half interest under s 339(1)(c).