Felton v Johnson

[2005] NZSC 81

IN THE SUPREME COURT OF NEW ZEALAND

SC 62/2005
[2005] NZSC 81

BETWEENROBERT ARTHUR FELTON & ORS

Appellants

ANDANNETTE FRANCES JOHNSON

Respondent

Court:Elias CJ and Tipping J

Counsel:D G Smith for Appellants

D G Hurd and M J Allan for Respondent

Judgment:8 December 2005 

JUDGMENT OF THE COURT

[1]   The application for leave to appeal is granted.

[2]   The approved ground, in terms of Rule 29, is whether the decision of the Court of Appeal represents a correct interpretation and application of s 47(2) of the Property (Relationships) Act 1976; and, in particular, whether an application under that provision must be made within two years of the date of the impugned agreement.

Solicitors:
Benton Law, Auckland for Appellants
Patterson Hopkins, Auckland for Respondent