10 Feb 2015
C K KEERY v L J THOMAS and M W THOMAS [2015] NZHC 113
- Citation
- (2015) 16 NZCPR 117
- Court
- High Court
On the evidence before the Court (valuation provided by plaintiff and ledgered debts), the defendants had no remaining equity in the property; there was no tenable defence to the substantive relief sought and summary judgment was appropriate under r12.2. The Court exercised its s 339(1)(c) discretion to order the plaintiff to purchase the defendants' shares without payment, subject to conditions requiring the plaintiff to discharge Dorchester and Legal Services Agency charges and provide releases or indemnities regarding the first mortgage.