Clark v Hansen HC Palmerston North CIV-2011-454-396

[2011] NZHC 1076

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

CIV-2011-454-396

UNDER  Section 339 Property Law Act 2007

BETWEEN  CHRISTINE ANNE CLARK Plaintiff

ANDWILLIAM JOHN HANSEN AND ALEXANDER MCKENZIE GILCHRIST Defendants

Hearing:         4 October 2011

(Heard at Wellington)

Counsel:         R O Parmenter for Plaintiff

N W Hughes for Defendants

Judgment:      4 October 2011

JUDGMENT OF MILLER J

[1]      The plaintiff may seal  judgment in the draft  form in the agreed bundle, subject to the handwritten amendments which I made on that document.

[2]      These orders were with  one exception made by consent.   The exception concerned the amount of money to be held in trust by the independent solicitor for the plaintiff’s claim for occupation rent.  I directed that that sum be somewhat larger, at $50,000 in total, to cover not only that claim but also claims for costs, whether of the mediation or otherwise as fixed by the Court or agreed.

[3]      If either side is to recover any of the sum that is held in trust, they will need

CHRISTINE ANNE CLARK V WILLIAM JOHN HANSEN AND ALEXANDER MCKENZIE GILCHRIST HC PMN CIV-2011-454-396 4 October 2011

to come to an accommodation about a sensible means of resolving the dispute.   I

strongly commend mediation to them.

Miller J

Solicitors:

Wadsworth Ray, Auckland for Plaintiff

Hughes Robertson Law, Wellington for Defendants