McIlraith v McIlraith

[2017] NZCA 8

IN THE COURT OF APPEAL OF NEW ZEALAND

CA391/2016
[2017] NZCA 8

BETWEEN	JENNIFER MCILRAITH Applicant
AND	IAN DAVID MCILRAITH Respondent

Hearing:	28 November 2016
Court:	Randerson, Asher and Brown JJ
Counsel:	R J B Fowler QC and J J Daley for Applicant S J Shamy for Respondent
Judgment:	14 February 2017 at 3.00 pm

JUDGMENT OF THE COURT

AThe application for leave to appeal against the judgment of the High Court in McIlraith v McIlraith is granted. [1]

BThe questions to be determined by this Court are:

[1]McIlraith v McIlraith [2015] NZHC 2758.

1       Whether the High Court erred in finding that the 5,523 B shares were the separate property of the respondent?

2       Was there intermingling in relation to the 5,523 B shares, and if so what are the consequences?

3       If the 5,523 B shares were the respondent’s separate property, whether the increase in the value of the shares was attributable to the application of relationship property and subject to equal division?

4       If the 5,523 B shares were the respondent’s separate property, whether the award under s 17 of the Property (Relationships) Act 1976 of 20 per cent of the increase in value of the 3,600 separate property shares should be increased?

C    Costs are reserved under s 53G(3) of the Court of Appeal (Civil) Rules 2005.

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Solicitors:
Harmans, Christchurch for Applicant
Wilkinson Rodgers Lawyers, Dunedin for Respondent