Cooper v Pinney

[2023] NZSC 80

NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI O AOTEAROA

 SC 32/2023
 [2023] NZSC 80

BETWEEN	RAEWYN PHYLLIS COOPER Applicant
AND	MARCUS ROBERT WILLIAM PINNEY Respondent

Court:	O’Regan, Ellen France and Williams JJ
Counsel:	P G Watts KC and S J Zindel for Applicant S N van Bohemen and R L Powell for Respondent
Judgment:	3 July 2023

JUDGMENT OF THE COURT

ALeave to appeal is granted (Cooper v Pinney [2023] NZCA  62).

BThe approved question is whether the Court of Appeal was correct to dismiss the applicant’s appeal to that Court.

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REASONS

1. The approved question allows for the applicant to pursue all of the arguments foreshadowed in her counsel’s submissions in support of the application for leave to appeal.  The respondent can also pursue all arguments foreshadowed in his counsel’s submissions in opposition to the application for leave to appeal.

2. We direct the respondent to serve a copy of this judgment on the trustees of the MRW Pinney Family Trust.

Solicitors:
Zindels, Nelson for Applicant
Connors Legal, Greymouth for Respondent