Calian v Cassidy

Case

[2021] NZHC 3413

13 December 2021


Details
AGLC Case Decision Date
Calian v Cassidy [2021] NZHC 3413 [2021] NZHC 3413 13 December 2021

CaseChat Overview and Summary

In Calian v Cassidy, the High Court of New Zealand dealt with a complex property dispute involving co-ownership and relationship property issues. Alexandrina Calian and Ronald Kelvin Cassidy co-owned a property at 83 Bird Grove, Stokes Valley. The case followed a series of previous proceedings, including family court decisions and a sale order made under the Property Law Act 2007. The central issue in this case was the division of the proceeds from the sale of the property. The sale had been delayed due to various factors, including tenancy issues, the need to rectify the property title, and the capacity of Ronald Cassidy, who had been living in the property. The court had to determine how the proceeds should be divided between Calian and Cassidy, taking into account various costs and other matters. The court found Calian's proposed formula for division to be fair and accepted her calculations, with some adjustments. The final distribution resulted in Calian receiving $166,326.32 and Cassidy receiving $55,503.73.
Details

Areas of Law

  • Property Law

  • Civil Litigation & Procedure

Legal Concepts

  • Contract Formation

  • Specific Performance

  • Unjust Enrichment

  • Occupational Rent

  • Costs

  • Injunction

  • Restitution

Actions
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Cases Citing This Decision

6

Matene v Estate of Matene [2025] NZHC 3011
Loader v Loader [2024] NZHC 1608
Middlemiss v Middlemiss [2023] NZHC 2051
Cases Cited

4

Statutory Material Cited

0

Cassidy v Calian [2018] NZHC 3191
Callan v Cassidy [2019] NZHC 1653
Calian v Cassidy [2020] NZHC 781