IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2020-404-1459
[2020] NZHC 3455
UNDER The Family Protection Act 1955 IN THE MATTER
of the Estate of Noel Stanley Matthews
BETWEEN
GREG DENNIS MATTHEWS
Appellant
AND
NARADA PHOCHAI
Respondent
Hearing: 17 November 2020 Appearances:
D K Wilson for the Appellant
R Rao and T Anderson for the Respondent
Judgment:
18 December 2020
JUDGMENT OF HINTON J
This judgment was delivered by me on 18 December 2020 at 4:30 pm pursuant to Rule 11.5 of the High Court Rules
…………………………………………………………………… Registrar/Deputy Registrar
Solicitors/Counsel:
Raymond S Walker, Solicitor, Auckland David Wilson, Barrister, Auckland
Inder Lynch, Manukau
MATTHEWS v PHOCHAI [2020] NZHC 3455 [18 December 2020]
[1] This is an appeal against a decision of Judge Goodwin in the Family Court at Manukau dated 7 August 2020.1 An earlier decision dated 10 October 2019 is also relevant.2 The Judge awarded Ms Phochai $1,000,000 under the Family Protection Act 1955 (the Act). She was the de facto wife of the testator Mr Matthews, and no provision had been made for her under his will. The major beneficiary of the estate was the testator’s youngest child, Greg Matthews.
[2] During the District Court hearing it was conceded there was a breach of moral duty by the testator, so the only matter in dispute was the amount required to remedy that breach. The respondent says the judge erred in a number of respects and the sum awarded should have been between $700,000 and $750,000, not $1,000,000.
[3] This being an appeal against a discretion, May v May principles apply. The appellant has to show that the judge has failed to take a relevant factor into account, taken something into account he should not have, or reached a plainly wrong decision.3
[4] Ms Phochai also applied to set aside a contracting out agreement entered into between herself and Mr Matthews in 2005, under the Property Relationships (Act) 1976 (PRA). She was unsuccessful on that application.4 A question arises as to the impact of that agreement on the extent of the moral duty.
Background
[5] Mr Matthews died on 19 August 2016 at the age of 71. Ms Phochai was 55 at that time.
[6] Mr Matthews had been married twice and had three children, before entering the de facto relationship with Ms Phochai which began in mid-2005.
[7] Mr Matthews’ first marriage was in 1966 and produced two children, Gina who was aged about 49 and Mark aged about 47 at the time Mr Matthews died. Gina is a
1 Phochai v Estate of Noel Stanley Matthews [2020] NZFC 8347.
2 Phochai v Estate of Noel Stanley Matthews [2019] NZFC 5155.
3 May v May (1982) 1 NZFLR 165 (CA) at 169.
4 Above n 2, at [35]-[39].
doctor and lives in Australia with her family and Mark, who is single, lives in Tauranga in supported accommodation. He has a diagnosis of paranoid schizophrenia.
[8] Mr Matthews’ first marriage…
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