IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
CIV-2011-404-5909 [2013] NZHC 2253
BETWEEN CHRISTOPHER MICHAEL HARVEY First Plaintiff/Counterclaim Defendant
ANDRACHEL SUSAN HARVEY Second Plaintiff
ANDRICHARD JAMES PARKER Third Plaintiff
ANDGATESHEAD INVESTMENTS LIMITED
First Defendant/First Counterclaim
Plaintiff
ANDPARANUI PROPERTIES LIMITED Second Defendant/Second Counterclaim Plaintiff
ANDBETA PACIFIC CORPORATION LIMITED
Third Defendant/Third Counterclaim
Plaintiff
Hearing: 6 May 2013
Counsel: J Toebes for Counterclaim Plaintiffs
LAB Kemp for Counterclaim Defendant
Judgment: 30 August 2013
JUDGMENT OF KATZ J
This judgment was delivered by me on 30 August 2013 at 4:30 pm
Pursuant to Rule 11.5 High Court Rules
Registrar/Deputy Registrar
Solicitors:
J Toebes, JT Law, Wellington
L Kemp, Kemp Barristers & Solicitors, Auckland
HARVEY & ORS v GATESHEAD INVESTMENTS LIMITED & ORS [2013] NZHC 2253 [30 August 2013]
Introduction
[1] Mrs Rachel Harvey and her late husband Mr Michael Harvey owned, as joint
tenants, a family home in Coatesville (“Property”). Mr Harvey died in February
2011 and Mrs Harvey was subsequently adjudicated bankrupt, on 19 December
2012.
[2] The issue in these proceedings is whether, prior to Mr Harvey’s death, their joint tenancy of the Property was severed. If it was, then Mr Harvey’s half interest in the Property will pass beneficially to his two children under the terms of his will. If it was not, then Mr Harvey’s interest in the Property will vest in Mrs Harvey by survivorship. In that event, the entire Property will vest in the Official Assignee for the bankrupt estate of Mrs Harvey.
[3] The competing interests in this case are accordingly those of Mr Harvey’s two children and Mrs Harvey’s creditors.
Factual background
[4] Mrs Harvey is a nurse. She also had interests in three rest home businesses and personally guaranteed the debts of those businesses. Defaults occurred under the relevant loan agreements. Demand was served on the guarantors, including Mrs Harvey, on 18 November 2009.
[5] Summary judgment proceedings were issued against Mrs Harvey on
26 November 2009. Those proceedings were not defended. On 28 January 2010 judgment was entered against Mrs Harvey for $1,442,800, plus interest and costs. On 9 February 2010 a charging order in favour of the judgment creditors was registered against the title to the Property.
[6] Meanwhile, in an attempt to remove the matrimonial home from the reach of Mrs Harvey’s creditors, Mr and Mrs Harvey entered into an agreement (“Agreement”) under the Property (Relationships) Act 1976 (“PRA”) on
16 December 2009.
[7] Clause 1.1 of the Agreement provided as follows:
The parties agree that they shall own any Property separately or jointly or in the shares indicated and described or valued or categorised in the schedule on and from the agreement date under the respective name of each party.
[8] Pursuant to the Agreement, Mrs Harvey agreed to transfer her interest in the Property to Mr Harvey as his separate property. In exchange Mr Harvey gave up any interest in the rest home businesses. Any property purchased from the sale proceeds of any separate property would remain separate property,…
Keep reading for free
Create a free CaseChat account to read Harvey v Gateshead Investments Ltd and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2013] NZHC 2253
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.