NOTE: PURSUANT TO S 169 OF THE FAMILY PROCEEDINGS ACT 1980, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO
11D OF THE FAMILY COURTS ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE COURT/LEGISLATION/RESTRICTIONS-ON-PUBLICATIONS.
IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY
CIV-2013-463-118 [2013] NZHC 3022
BETWEEN JOHN DOUGLAS Appellant
ANDSARAH DOUGLAS Respondent
Hearing: 29 July 2013
Counsel: D Williamson for Appellant
RO Gowing for Respondent
Judgment: 14 November 2013
JUDGMENT OF KATZ J
This judgment was delivered by me on 14 November 2013 at 4:30 pm
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
Solicitors: Wadham Goodman, Palmerston North
Gowing & Co. Ltd, Whakatane
DOUGLAS v DOUGLAS [2013] NZHC 3022 [14 November 2013]
Introduction
[1] John and Sarah Douglas1 began a relationship in 1990 and moved in together in 1992. At that time Mr Douglas was 19 and Mrs Douglas 37.2 Mr Douglas had no children. Mrs Douglas, on the other hand, had five children from a previous relationship. Four of those children were dependent on her at the commencement of
the relationship, although for most of the relationship only two children lived with or were dependent on Mr and Mrs Douglas.
[2] Although Mr and Mrs Douglas had no biological children, towards the end of their relationship they fostered a child, Simon. In early 2005 they cared for him, as a newborn, for approximately 5 weeks. Approximately 5 months later, he was returned to their care for a further 14 months, following which he was returned to his birth parents. In August 2007, when Simon was 2½ years’ old, he was returned to Mr and Mrs Douglas’s care and remained there until the date of separation, two years later. Since then Simon has been in the fulltime care of Mrs Douglas.
[3] Mr Douglas worked full time throughout the relationship, rising to the position of general manager of a company owned by his father. His salary was
$70,200 as at the date of separation. Mrs Douglas also had a largely unbroken work history during the relationship, although her work was often part-time, to accommodate her parenting responsibilities.
[4] Mr and Mrs Douglas separated on 21 August 2009. Relationship property proceedings ensued, culminating in a judgment of Judge A C Wills in the Family Court at Whakatane (“Judgment”).3 Mr Douglas appeals to this Court in respect of two aspects of that Judgment. This gives rise to the following issues:
(a) Did the Judge err in making an economic disparity award in favour of
Mrs Douglas in the sum of $63,000? In particular, is the difference in
Mr and Mrs Douglas’s income and living standards post separation
1 Pseudonyms have been used throughout this judgment in place of the names of the parties and their foster child, to protect their identity.
2 There are some inconsistencies in the evidence as to the parties relative ages at the commencement of their relationship and precisely when they began living together. I have adopted the factual findings of the Judge…
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