Man faces eviction after l0-year fight to keep home

A man who has spent almost a decade in court battles to keep his former family home faces eviction tomorrow.

Roger Payne has refused to budge from his home in Karori, Wellington, despite the High Court putting it up for sale last month.

New owner Frank Coory has run out of patience and wants Mr Payne out. "I've been very kind to Mr Payne in the fact that I've left him in the house for two extra weeks than I should have done," he said.

But Mr Payne, who has been through 70 court hearings, and unsuccessfully sued three judges in an attempt to gain full title of the property, is refusing to budge.

"I must overturn this unjust process and get my house back," he said.

Mr Payne shared the three-bedroom home with his wife and two children before separating in 1995.

In 1996 he paid $118,750 to the courts for half the value of the home, which should have given him clear title of the property, but did not, he said.

Subsequently he has taken numerous court appeals in an attempt to get full title, but successive judges have ruled the payment was not intended to bring about final settlement of the property.

It was merely a condition to a stay of an earlier judgment, the Court of Appeal said in October 2000.

In September last year the High Court at Wellington ordered the property be sold to pay outstanding debt - more than $72,000 - to his ex-wife, which Mr Payne has disputed owing.

Despite an Appeal Court judge stating Mr Payne's chances of success in further appeals were nil, he continued to contest rulings.

But Mr Payne maintained he was a victim of "gross injustice" and Parliament needed to intervene.

- NZPA