NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, 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 WELLINGTON REGISTRY
CIV-2013-485-001363 [2013] NZHC 2976
UNDER the Property (Relationships) Act 1976 BETWEEN
I A T Appellant
AND
S J G Respondent
Hearing: 30 October 2013 Counsel:
T G Stapleton QC for Appellant
F M L Gush for RespondentJudgment:
12 November 2013
JUDGMENT OF COLLINS J
Introduction
[1] Mr T has appealed, and Ms G has cross-appealed, a judgment of Judge Walsh delivered on 21 May 2013.1 That judgment addressed issues arising from the parties’ dispute about their relationship property.
[2] The appeal and cross-appeal raise five key questions:
(1)Whether Judge Walsh erred when he awarded compensation under s 18B of the Property (Relationships) Act 1976 (the Act) to Ms G for
1 SJG v IAT [2013] NZFC 4040.
T v G [2013] NZHC 2976 [12 November 2013]
contributions she made to the care of the parties’ children post- separation and if not, what amount should have been awarded?
The relevant portions of s 18B(2) of the Act provide that if between separation and the hearing of an application under the Act a spouse has done anything that would have been a contribution to the marriage if it had not ended, the Court can order compensation of that spouse by the other spouse.
(2)Whether Judge Walsh erred when he awarded compensation under s 44C of the Act to Ms G in respect of certain shares that had been disposed of to a family trust.
The relevant portions of s 44C of the Act provide that if, since the beginning of the marriage, either spouse has disposed of relationship property to a trust with the effect of defeating a claim or the rights of the other spouse, then the Court can order the payment of a sum of money to the other spouse out of relationship property or separate property.
(3)Whether Judge Walsh erred when he classified a bank account and certain shares as being relationship property.
(4)Whether interest can be awarded under s 33(4) of the Act to compensate Ms G for her inability to use the family home post- separation when that home is held by a family trust.
The relevant portions of s 33(4) of the Act provide that where a spouse is liable to pay the other spouse a sum of money, “the Court may direct that [the sum] shall be paid ... in such manner and subject to such conditions (including a condition requiring the payment of interest) as the Court thinks fit”.
The relevant interest is calculated from the date of separation to the date the principal is paid.
(5)Whether Judge Walsh erred when he awarded Ms G interest at a rate of three per cent instead of five per cent on the amount payable to her under the Family Court judgment?
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