New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Sale of jointly owned property

  • 14 Dec 2020

    BROWNING v JONES [2020] NZHC 3301

    Citation
    [2020] NZHC 3301
    Court
    High Court

    The deed evidenced an intention and an agreed mechanism to calculate rent; contemporaneous evidence (rental appraisal and handwritten note) supported the $152/week figure which was enforceable and payable for the period claimed less amounts already paid; the deed expressly required 60/40 apportionment for conveyancing, rates and maintenance and the plaintiff produced sufficient documentary and independent verification evidence for those sums whereas the defendant produced no verifiable evidence for her counter-claim; accordingly the defendant was ordered to pay the quantified rent and shares…

    • Occupation rent
    • Contribution to expenses
    • Enforceability of agreement to agree
    • Sale of jointly owned property
    • Set-off and counterclaim
    • Costs recovery

  • 29 Jul 2020

    CUTHERS v CUTHERS [2020] NZHC 1851

    Citation
    [2020] NZHC 1851
    Court
    High Court

    Sale was ordered under s 339 because joint ownership combined with respondent's lack of communication and inaction created hardship to the applicant and a deadlock; ancillary s 343 orders were granted to facilitate sale, protect sale funds, and permit specified deductions from the respondent's share where evidenced, but the Court refused to order accounting for theoretical rental income in absence of evidence and refused to authorise use of reasonable force to obtain possession due to High Court Rules constraints.

    • Sale of jointly owned property
    • Orders under property law act s 339 and s 343
    • Possession and vacant possession orders
    • Division of sale proceeds and deductions
    • Methamphetamine contamination inspection and remediation
    • Appointment of real estate agent and registrar authority