Hart fights on in ANZ property row

WILLIAM MACE
Last updated 12:16 15/10/2012
Barry Hart
PHIL DOYLE
LEGAL BATTLE: Barry Hart.

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Disgraced lawyer Barry Hart is continuing a challenge to ANZ bank's sale of what he says is $30 million worth of West Auckland property.

Hart, who was last month struck off the roll of barristers and solicitors after being found guilty of professional misconduct, had to ask Associate Judge David Abbott for permission before he could step in front of the bar in the High Court at Auckland this morning.

Hart is representing himself in opposition to the sale of his eight properties, only one of which has not already been sold at mortgagee sale by ANZ.

Hart is now seeking damages because he alleges the bank did not comply with its duty of care to seek the best possible price for the properties.

ANZ says it has complied with all its obligations. It says it was entitled to rely on the professional marketing advice and sales processes of real estate agency Bayleys.

Counsel for the bank said a valuation by Colliers which was relied on by Hart was inaccurate, because it did not reflect a High Court decision blocking a district plan change which would have allowed subdivision of the rural properties.

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