| 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 COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE |
| IN THE SUPREME COURT OF NEW ZEALAND |
| SC 95/2016 [2017] NZSC 185 |
| BETWEEN | SCOTT |
| AND | WILLIAMS |
| Hearing: | 14 and 15 March 2017 |
Court: | Elias CJ, William Young, Glazebrook, Arnold and OʼRegan JJ |
Counsel: | D J Goddard QC, S H Ambler and S L K Shaw for Appellant |
Judgment: | 11 December 2017 |
JUDGMENT OF THE COURT
AThe appeal is allowed to the extent set out below.
BThe cross-appeal is dismissed.
CThe vesting order made by the Family Court is restored.
DThe valuation by the Family Court of the respondent’s law practice is restored. The appellant’s share is $225,000.
EAn order in the appellant’s favour of $520,000 is made under s 15 of the Property (Relationships) Act 1976. If not able to be agreed, the parties may file submissions on interest on or before 1 February 2018.
FCosts of $25,000 are awarded to the appellant, plus usual disbursements to be set by the Registrar if not agreed. The Court allows for two counsel.
____________________________________________________________________
REASONS
| Para | |
| Glazebrook J | [1] |
| Arnold J | [276] |
| Elias CJ | [330] |
| O’Regan J | [359] |
| William Young J | [391] |
GLAZEBROOK J
Table of Contents
| Para | |
| Introduction | [1] |
| Background | [3] |
| Vesting order | [17] |
| Evidence | [17] |
| Family Court decision | [21] |
| High Court decision | [27] |
| Court of Appeal decision | [32] |
| Parties’ submissions | [37] |
| Issues | [39] |
| Association with the properties | [41] |
| Post-hearing gains | [45] |
| Valuation issues | [53] |
| Failure to reconsider | [59] |
| Conduct | [60] |
| Summary and conclusion | [64] |
| Valuation of the legal practice | [67] |
| Methodology in this case | [67] |
| Evidence | [71] |
| Family Court decision | [83] |
| High Court decision | [85] |
| Court of Appeal decision | [89] |
| Ms Scott’s submissions | [90] |
| Mr Williams’ submissions | [93] |
| Issues | [95] |
| Appropriate valuation standard | [96] |
| Valuation methodologies | [105] |
| Capitalisation of super profits | [109] |
| Reliance on M v B | [116] |
| Factors taken into account | [120] |
| Retirement | [127] |
| Remission to the Family Court? | [132] |
| Summary and conclusion | [137] |
| Section 15 | [141] |
| The legislation | [141] |
| Legislative history | [145] |
| Methods used to date | [157] |
| Issue | [159] |
| Expert evidence in this case | [160] |
| Family Court decision | [166] |
| High Court decision | [169] |
| Court of Appeal decision | [173] |
| Issues | [179] |
| A different methodology? | [182] |
| Ms Scott’s submissions | [182] |
| Mr Williams’ submissions | [188] |
| Wording of s 15 | [191] |
| Other sections of the PRA | [198] |
| Support from legislative history? | [201] |
| General approach | [203] |
| Available methods to calculate disparity | [206] |
| Just compensation | [211] |
| Date compensation assessed | [216] |
| Comments on Mr Goddard’s calculations | [221] |
| Remission to the Family Court? | [224] |
| Was the Court of Appeal approach correct? | [227] |
| Ms Scott’s submissions | [228] |
| Mr Williams’ submissions | [236] |
| Diminution method | [240] |
| Enhancement method | [245] |
| Diminution method in this case | [247] |
| Enhancement method in this case | [251] |
| Factors taken into account by the Court of Appeal | [253] |
| Just compensation in this case | [256] |
| The cross-appeal | [260] |
| Mr Williams’ submissions |
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- AGLC
- Scott v Williams [2017] NZSC 185
- Case
- [2017] NZSC 185
- Decision Date
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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