Court injunction halts two houses

Press, 11 October 1986, Page 8

Court injunction halts two houses

PA Auckland Two houses will spend the week-end on a Meadowbank road as a result of a High Court injunction obtained in a property dispute. A firm which owns the houses had barely begun to remove the houses last evening when it learned of the injunction. The injunction sought by the second mortgagee and granted by Mr Justice Tompkins prevents the houses being removed from either the Rutherford Terrace property or the street. Both houses were on the street when the injunction took effect at 6.30 p.m.

The interim injunction will expire at 5 p.m. on Wednesday: The police at midnight on Wednesday seized the homes which the removal firm was trying to take away. A solicitor acting for one of the mortgagees alleged the removal could be an offence. The police decided yesterday afternoon that the dispute was purely a civil case. The removal firm, which owns two of the three houses on the site, then decided to move the two buildings. It wants the houses back after claiming it received no money from the property owners.

The second mortgagee, who has also not been, paid, contends the houses were fixed to the land and form part of his property. The mortgagee intended to sell the houses on Wednesday as a legal remedy to regain his money. It seems that unless a special High Court sitting is arranged the earliest date the dispute could be settled in court is Monday. Until then the houses will remain in Rutherford Terrace. The road has been officially blocked by Auckland City Council traffic officers. Cars of residents in the street have limited access.