Christine Hamilton Thompson v Michael Leith Thompson

[2014] NZSC 101

IN THE SUPREME COURT OF NEW ZEALAND

SC 50/2014
[2014] NZSC 101

BETWEEN	CHRISTINE HAMILTON THOMPSON Applicant
AND	MICHAEL LEITH THOMPSON Respondent

Court:	Elias CJ, Glazebrook and Arnold JJ
Counsel:	A E Hinton QC and S H Ambler for Applicant D A Chambers QC for Respondent
Judgment:	5 August 2014

JUDGMENT OF THE COURT

AThe application for leave to appeal is granted (Thompson v Thompson [2014] NZCA 117).

BThe approved question is whether the Court of Appeal was right to find that the sum received by the respondent for giving the restraint of trade covenant:

(a)was not relationship property under s 8(1)(e) or s 8(1)(l) of the Property (Relationships) Act 1976; and, in the alternative,

(b)should not be treated as relationship property under s 9(4)(a) of the Act.

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Solicitors:
Tompkins Wake, Hamilton for Applicant
B Hopkins, Auckland for Respondent