Minehan v McGuigan

[2020] NZHC 2393

IN THE HIGH COURT OF NEW ZEALAND GREYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA MĀWHERA ROHE

CIV-2019-418-000001

[2020] NZHC 2393

UNDER

section 339 of the Property Law Act 2007

BETWEEN

DEA MARIE MINEHAN

First Plaintiff

JULIE MARIE MINEHAN
Second Plaintiff

AND

BEDE CHRISTOPHER McGUIGAN

First Defendant

KIERAN HUGH McGUIGAN

Second Defendant

On the Papers

Counsel:

D L Bell for the Plaintiffs

No appearance for the Defendants

Judgment:

14 September 2020

JUDGMENT OF DOOGUE J

This judgment was delivered by Justice Doogue on 14 September 2020 at 4.15 pm.

pursuant to Rule 11.5 of the High Court Rules.

Registrar/ Deputy Registrar Date:

Solicitors:

Parry Field Lawyers, Christchurch

MINEHAN v McGUIGAN [2020] NZHC 2393 [14 September 2020]

[1]        On 14 July 2020, I granted the plaintiffs an order under s 399(1)(c) of the Property Law Act 2007, requiring them to purchase the first defendant’s interest in the relevant properties at a fair and reasonable price, and binding the defendant to give effect to the order by transferring his interests in the properties to the plaintiffs.1

[2]        In that judgment, I required that the plaintiffs obtain an updated valuation of the properties from a registered valuer for the purposes of calculating the purchase price.2

[3]        I am now in receipt of that valuation, dated 3 August 2020, which records the current value of the property as $1,650,000. After taking account of a Department of Conservation licence which is an asset of the Minehan Bros Partnership, and not subject to the present application, this means the property is valued at $1,600,000 for present purposes. I therefore confirm the purchase price for the first defendant’s one-quarter share of the property is $400,000 (less the costs and disbursements of

$30,855.25 referred to in my decision of 10 September 20203).

Doogue J

1      Minehan v McGuigan [2020] NZHC 1686.

2      At [68(b)].

3      Minehan v McGuigan [2020] NZHC 2361.