Official Assignee v Mathiesen

The Official Assignee sought directions and orders for the sale of property held by the Sweet Pea Family Trust, and vacant possession of the property. The first respondents were Gabrielle Mathiesen and Gordon Wallace Cameron McNab as trustees of the Sweet Pea Family Trust. The property in question was located at 282 Timaru-Pareora Road. The Official Assignee sought to sell the property by public auction after a marketing period and to obtain vacant possession of the property in order to facilitate the sale. The court considered the submissions of the Official Assignee and the absence of submissions from the respondents. The court gave directions for the sale of the property to be conducted by public auction after a six week marketing period by a suitably qualified real estate agent appointed by the Registrar/Sheriff in consultation with the Official Assignee. The terms of sale were to follow the draft terms and conditions attached as Schedule 1 subject to minor adjustment thought appropriate after consultation between the Registrar/Sheriff and the Official Assignee. The court ordered that the property be vacated by no later than 16 February 2018. The court awarded costs to the Official Assignee on a category 2B basis to be paid by the respondents.