Shea v Ward

Ronald Shea and Bonita Ward lived together in a property in Wellington. They eventually separated and the property was sold. After the sale, a dispute arose as to how the proceeds of the sale should be divided between the parties. The original judge awarded Bonita Ward a sum of $95,747.25, with the remainder to be divided equally between the parties. Ronald Shea appealed that decision. The appeal court considered four issues: whether Ronald Shea should be permitted to adduce further evidence; whether the court should give effect to an agreement dated 24 November 1997; whether Ronald Shea should be credited for outgoings on the mortgage, rates or repairs while he was in exclusive occupation of the property; and whether the $1000 deducted in respect of the state of the house at settlement should be shared between the parties or visited exclusively on Ronald Shea. The appeal court found that the 24 November 1997 agreement should be given effect and dismissed the appeal against the refusal to grant an adjournment. The appeal court also found that Ronald Shea had not met his onus of proving that he was induced to enter into the agreement by duress. The appeal court made orders for the distribution of the proceeds of sale and ordered Ronald Shea to pay Bonita Ward a further $3500 for costs.