28 Apr 2022
VAN DER BYL v VAN DER BYL [2022] NZHC 850
- Citation
- [2022] NZHC 850
- Court
- High Court
Applicant legitimately holds a one-third interest; balancing s 342 factors and competing hardships the injustice of denying the applicant access to his share outweighs the respondent's emotional hardship; therefore the Court ordered valuation, first right of respondent to buy out the one-third within a fixed period, failing which sale and distribution with applicant receiving one-third of net proceeds; claim for unpaid rent dismissed under s 343 discretion.