11 Mar 2011
WESTERN V ABDOELRAHMAN AND ANOR HC AK CIV-2010-404-2998
- Citation
- openlaw-b4a74bc4_c99b_49b2_92e0_4db82c7f15c5.pdf
- Court
- High Court
On summary judgment the Court ordered sale of 29 English Oak Drive and division of proceeds in accordance with the shares recorded on title because the plaintiff is the larger co-owner, the relationship ended over three years earlier, the plaintiff’s hardship from continued tying up of funds outweighed the defendant's asserted hardship, issues under the Property (Relationships) Act did not prevent the order and occupation rent was declined to be determined later; procedural directions for valuation, sale process and allocation of sale expenses were imposed.