14 Feb 2019
HULL v CALVERT [2019] NZHC 154
- Citation
- [2019] NZHC 154
- Court
- High Court
The Court granted an order for sale of the whole land notwithstanding the charging order strictly covered only the debtor's legal interest because exceptional circumstances (debtor overseas, land abandoned, rates unpaid, preservation of asset value and maximising sale price) justified directing sale of the entire property. The Court declined to alter title or vest ownership at this stage but protected potential interests of other registered proprietors by requiring the debtor's one-third legal interest be paid first and by holding remaining proceeds in Court for two months for any claimants b…