Padma Joshi v Suresh Joshi [2016] NZFC 1920

Published 31 July 2016

Property (Relationships) Act 1976 —application for occupation — sale of relationship property. These proceedings concerned an application for occupation by the applicant wife pending the sale of two properties. The Judge found in favour of the applicant, granting interim occupation for the specific purpose of selling both properties and directed that the respondent vacate the properties to enable this process. The Judge considered the respondent had adopted delaying techniques designed to help him to acquire the properties at a low price from the marriage partnership. It was submitted for the applicant that the only way to achieve sale at market price was to place the process in the applicant’s hands. The argument that the respondent was in a conflict of interest and no longer the appropriate person to implement sale was accepted. Reasons for the respondent’s delay did not appear genuine, and the Judge was not prepared to give him any further opportunity as the risk of additional delay was too great. **Note: names have been changed to comply with legal requirements.