LEAVE GRANTED PURSUANT TO S 11B(3) OF THE FAMILY COURT ACT 1980 THAT THIS JUDGMENT MAY BE PUBLISHED USING THE PARTIES’ FULL NAMES. IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY
I TE KŌTI MATUA O AOTEAROA TAURANGA MOANA ROHE
CIV-2017-463-51 CIV-2017-463-30 CIV-2017-463-31
[2019] NZHC 3389
BETWEEN KATHARINE ELIZABETH PRESTON and
Others Plaintiffs
AND
GRANT LEE PRESTON and Others Defendants
Hearing: 1 to 8 July 2019 Counsel:
IM Hutcheson for plaintiffs JM McCleary for defendants
Judgment:
18 December 2019
Reissued:
11 February 2020
JUDGMENT OF FITZGERALD J
This judgment was delivered by me on 18 December 2019 at 4 pm, pursuant to Rule 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Date……………
Solicitors:Jespersen & Associates, Auckland (G Jespersen) Buddle Bentley McCleary Ltd, Whakatane
Preston and Others v Preston and Others [2019] NZHC 3389 [18 December 2019]
CONTENTS
Introduction [1]
Factual background
The parties’ respective backgrounds and their meeting in 2007 [4]
2007 to October 2009 [13]
October 2009 to October 2014 [25]
October 2014 to separation [39]
Subsequent events [49]
Approach to claims [54]
Observations on the evidence [58]
The start of the de facto relationship
Introduction [67]
Approach [70]
Discussion [72]
Mrs Preston’s contributions to The Fairway [76]
Mrs Preston’s contributions to EBTL [79]
The 051 proceeding
Introduction and procedural background [96]
Economic disparity – s 15 of the ActIntroduction [101]
Section 15 - approach [102]
Section 15 in this case - discussion [114]
Did relationship property either sustain or contribute to the increase in
value of Mr Preston’s separate property? [120]
Section 15A [121]
Sections 9A and 17 – approach [122]
Sections 9A and 17 – discussion [126]
Chattels [134]
Family Proceedings Act – s 182
Introduction [143]
Section 182 – approach [144]
The parties’ respective positions [146]Is the 1 February 2010 deed a “settlement” for the purposes of s 182? [149] Exercise of the discretion under s 182 [161]
The 031 proceeding
Introduction [169]
Discussion [170]
The 030 proceeding
Introduction [182]
The Pauanui property [183]
Relevant terms of the PSA [191]
What happened post separation? [199]
HFT gives notice of wishing to purchase GPFT’s interest in the property [202]The Partnership accounts [205]
The remaining disputes [208]
Status of partners’ contributions [211]The date at which the valuation of the property should be ascertained [219]
Result and next steps
Result [228]
Next steps [229]
Concluding observations [232]
Introduction
[1] Grant and Katharine Preston were married in December 2010, but separated in September 2015.1 The end of their marriage has resulted in three sets of legal proceedings:
(a)The first, the “051” proceeding, in which Mr Preston seeks orders under the Property (Relationships) Act 1976 (the Act) defining what is relationship property and dividing that property between himself and Mrs Preston.2 In turn, Mrs Preston makes a number of applications pursuant to the Act, and the Family Proceedings Act 1980 (the FPA), for adjustments to the relationship property pool and its division.
(b)The second, the “031” proceeding, in which Mrs Preston claims an equitable interest in…
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CaseChat Overview and Summary
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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