IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2008-404-4494
[2022] NZHC 772
BETWEEN DEO DATT SHARMA
Appellant
AND
NIRMALA WATI
Respondent
Hearing: On the papers Appearances:
Appellant in Person
R Parmenter for the Respondent
Judgment:
13 April 2022
JUDGMENT OF GORDON J
This judgment is delivered by me on 13 April 2022 at 3 pm pursuant to r 11.5 of the High Court Rules.
.....................................................
Registrar / Deputy Registrar
Solicitors: Witten-Hannah Howard, Takapuna Counsel: R Parmenter, Auckland
Copy to: Appellant
SHARMA v WATI [2022] NZHC 772 [13 April 2022]
Introduction
[1] This is a long-running relationship property proceeding between Nirmala Wati and her former husband Deo Sharma. The proceeding concerns the division of their relationship property, based on orders made in the Family Court in 2008 and subsequently varied on appeal to the High Court in 2009.
[2] The current application by Ms Wati seeks a recall and variation of my minute dated 14 October 2021 (the minute).1
[3] Dr Sharma who continues to act for himself, opposes the application and seeks orders of his own.
Procedural background
[4] On 16 June 2008, Judge DF Clarkson issued a judgment in the Family Court which determined the division of the couple’s relationship property following their separation under the Property (Relationships) Act 1976 (the Act).2 In accordance with the principles and purposes of the Act, the Judge held that relationship property should be divided on an equal basis. The Judge made findings of value in relation to financial assets and debts held by the parties, including cash, shares, bonds, insurance policies, and ACC/GST payments.
[5] In relation to the family home (the home), which was the couple’s most significant asset, the Judge made orders pursuant to s 26A of the Act, which fixed the value of the home at the date of the commencement of the proceeding and postponed the date of vesting for six years to enable Ms Wati and the children to remain in the home while the children were at school. Dr Sharma appealed Judge Clarkson’s decision to the High Court.
[6] The appeal included grounds relating to Judge Clarkson’s treatment of the home in her orders and claimed the Judge had made errors in the identification and division of the balance of the relationship property.
1 Sharma v Wati HC Auckland CIV 2008-404-4494, 15 October 2021 [Variation of orders].
2 NW v DDS FC Waitakere FAM-2002-090-1294, 16 June 2008.
[7] On 27 February 2009, Justice Allan set aside the Family Court orders which fixed the value of the home and postponed the vesting ( Allan J’s first judgment).3 The Judge substituted an occupation order under s 27 of the Act which gave Ms Wati exclusive occupation until 31 October 2013. The Judge also ordered that the home be sold no later than November 2013, with the proceeds of the sale to be divided equally between the parties.4 The effect of this judgment was that the value of the…
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