Powernet Limited v Arthur
[2022] NZHC 2740
•21 October 2022
IN THE HIGH COURT OF NEW ZEALAND INVERCARGILL REGISTRY
I TE KŌTI MATUA O AOTEAROA WAIHŌPAI ROHE
CIV-2022-425-48
[2022] NZHC 2740
UNDER The Property Law Act 2007 IN THE MATTER
of an application for sale of land under s 339
BETWEEN
POWERNET LIMITED
Plaintiff
AND
JOSHUA GRANT ARTHUR
First Defendant
SCOTT WILLIAM NELSON BILLINGS
Second Defendant
Hearing: (Determined on the Papers) Counsel:
A D G Hitchcock for Plaintiff
S McKenzie for First Defendant
R G R Eagles for Mrs Cassandra Zohrab-ArthurJudgment:
21 October 2022
JUDGMENT OF ASSOCIATE JUDGE LESTER
POWERNET LIMITED v ARTHUR [2022] NZHC 2740 [21 October 2022]
[1] In this proceeding the plaintiff sought an order for sale of a property at Tapanui identified in the statement of claim (the land). The defendants are the registered proprietors of the property.
[2] An issue arose in respect of the first defendant’s spouse as to whether she has any entitlement to the sale proceeds that would otherwise belong to the first defendant, Mr Arthur.
[3] The parties have reached agreement in relation to the order for sale sought by way of summary judgment. The second defendant, Mr Billings, has taken no steps but the settlement reached preserves his interest in the net sale proceeds of the land.
[4]Accordingly, by consent, the following orders are made:
(1)That the land is to be sold.
(2)That the land is valued, the sale is conducted initially by public auction and if it does not sell at auction then by private treaty, and that the costs of the valuation and the sale be deducted from the sale proceeds.
(3)That the plaintiff’s costs of and incidental to this proceeding are fixed and are also deducted from the sale proceeds.
(4)That Scott William Nelson Billings be allowed to bid at the sale.
(5)That half of the net proceeds of the sale is paid to Scott William Nelson Billings.
(6)That one quarter of the net proceeds of sale is paid to PowerNet Ltd.
(7)That the remaining one quarter of the net proceeds of sale is retained in the trust account of Eagles Eagles and Redpath on interest earning deposit pending agreement in writing between the parties or order of the Court.
(8)Scott William Nelson Billings has the option to buy the land at half valuation prior to auction, thereby avoiding the costs of sale.
(9)That Telfer Young be the valuer.
(10)That the auction be conducted by Ray White Gore.
(11)If the reserve price is not met, the land is to continue to be marketed publicly for sale by Nicole Cronin of Ray White Gore at a listed price equivalent to the valuation obtained.
[5] It was agreed, at a telephone conference on 7 October 2022, that the costs payable to the plaintiff from the sale proceeds in terms of paragraph (3) of the order above were to be on a 2B basis plus disbursements as fixed by the Registrar and I so order.
[6] I understand these orders will conclude the proceeding given any remaining issues between the plaintiff and Mrs Arthur will need to be determined in separate proceedings – she not being a party to this proceeding.
Associate Judge Lester
Solicitors:
AWS Legal, Invercargill (for Plaintiff) PR Law, Invercargill (for Defendants)
Eagles Eagles and Redpath, Invercargill (for Cassandra Zohrabn-Arthur)
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