Legal strategies intended to prevent his former wife forcing sale of the family home failed with the High Court ordering Stuart Lobb vacate their Auckland Remuera property prior to sale.
A bitter relationship property dispute between Stuart Robb and Verena Ryan has resulted in multiple court hearings over the last three years. He remains with their daughter in a family trust-owned Orakei Road property; she lives in rented accommodation with their son. Mr Robb has resisted all attempts by his former wife to force a sale of Orakei Road to recover her half share. Auckland chartered accountant Digby Noyce as court-appointed receiver was given High Court authority in 2020 to proceed with a sale. He has been hampered by Mr Robb’s legal manoeuvers.
At time of their separation in 2016, a $1.4 million Westpac mortgage was secured over Orakei Road. In 2020, Westpac was repaid with funds Mr Robb sourced from his father. Rather than have the Westpac mortgage discharged from title to Orakei Road, Mr Lobb and his allies instead took ownership of the Westpac mortgage and with it all the rights held by Westpac. The High Court was told Mr Robb and close family then supposedly used these rights to take control of Orakei Road as mortgagee in possession. This would have the effect of frustrating any sale. As receiver, Mr Noyce got the High Court to intervene.
Mr Noyce was then left with problem of giving clear title to Orakei Road on a sale when registered against the title was a Westpac mortgage no longer controlled by Westpac but in the hands of Mr Lobb and his allies opposed to any sale.
In the High Court, Justice Edwards ruled that there is no longer any money owing under the Westpac mortgage and that the funds borrowed to repay Westpac are not secured by that mortgage. The Westpac mortgage is to be removed from the title, she ruled.
Mr Lobb said that on a sale he will be unable to find suitable alternative accommodation given his constrained financial circumstances. Mr Lobb has had years to adjust to the idea of leaving the family home and prepare for that eventuality, Justice Edwards said. Ms Ryan has been waiting a similar period for a sale to get sufficient funds to both pay her legal bills and find better accommodation, she pointed out.
Ryan v. Lobb – High Court (19.06.23)
23.095