The applicant brought a motion in a partition and sale proceeding to bar the respondent from claiming expenses due to missed court-ordered deadlines, and to determine the appropriate property valuation for a buyout.
The court exercised its discretion to allow the respondent to rely on late-filed expense particulars to avoid a potential windfall, but barred any further supplementation.
On the valuation issue, the court held that the buyout must proceed based on the property's highest and best use valuation of $1.5 million, rather than its 'as is' residential value.
Substantial indemnity costs of $22,000 were awarded to the applicant.
