3 Mar 2015
BERGIN v MARTIN [2015] NZHC 332
- Citation
- [2015] NZHC 332
- Court
- High Court
The court ordered sale under s339 because the statutorily mandated considerations in s342 favored sale (applicant's hardship, equal shares, existing property agreement, unsuccessful attempts to contact the co-owner and valid substituted service) and, having found the co-owner's whereabouts and status unknown with no local agent, appointed the Public Trustee as manager under s99 to represent the absent co-owner and hold proceeds; s100 does not preclude on-notice applications by others.