1 Jul 2022
BROWN v SWEENEY [application for orders of sale of properties] [2022] NZHC 1553
- Citation
- [2022] NZHC 1553
- Court
- High Court
Documentary record (correspondence, counsel memoranda and the 26 May 2021 minute) established that the defendant agreed 28A Sefton be sold by auction and that Barfoot & Thompson would market it; on summary judgment the defendant has no real defence to enforcement of that agreement and, having weighed s342 factors (equal shares, nature of property, comparative hardship, contributions and delays), the balance favours ordering sale by public auction with no reserve, permitting Registrar to sign if defendant refuses to sign sale/listing documents, and permitting a limited interim distribution whi…