NOTE: PURSUANT TO S 35A OF THE PROPERTY (RELATIONSHIPS) ACT 1976, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B,
11C AND 11D OF THE FAMILY COURT ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE
https://
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CIV-2023-404-1700
[2023] NZHC 3092
BETWEEN EVALINGI VAIFO’OU
Appellant
AND
SIAOSI VEUKI TAU VAIFO’OU
Respondent
Hearing: 1 November 2023 Appearances:
S T Fonua for Appellant D Kumar for Respondent
Judgment:
2 November 2023
JUDGMENT OF WOOLFORD J
This judgment was delivered by me on Thursday, 2 November 2023 at 3:30 pm pursuant to r 11.5 of the High Court Rules.
Registrar/Deputy Registrar
Solicitors / Counsel:
Sione T Fonua, Auckland
Gibbs Mills Livingstone (S Khalesi), Auckland D Kumar, Auckland
VAIFO’OU v VAIFO’OU [2023] NZHC 3092 [2 November 2023]
[1] Evalingi Vaifo’ou (the appellant) appeals against the decision of Judge A G Mahon in the Family Court at Manukau, dated 17 July 2023, in which he fixed the net value of the family home, ordered its sale and granted the respondent’s application for occupation rent.1
Factual background
[2]The following facts are largely taken from the Family Court decision.
[3] The parties married on 12 August 1982. They separated in December 2008. There were no children of the marriage, but each party has adult children from previous marriages. The marriage was dissolved on 31 July 2020.
[4] The respondent filed proceedings seeking an order for the sale of the family home under the Property (Relationships) Act 1976 (the Act) on 22 December 2021.
[5]The parties’ relationship property on separation was:
(a)The family home at 68 Boundary Road, Clover Park, which was subject to a mortgage with ASB Bank Limited;
(b)Family chattels;
(c)The respondent’s Holden Commodore motor vehicle; and
(d)Bank accounts.
[6] The family home was purchased in the parties’ joint names in about 1988. The respondent was primarily responsible for payment of the mortgage. Both parties contributed to the costs of food.
[7] The respondent left the family home in December 2008 to live with his current partner. He has incurred the cost of rental accommodation since that time. The
1 Vaifo’ou v Vaifo’ou [2023] NZFC 7448.
respondent and his partner currently pay rent of $260 weekly. In 2013 the respondent had a stroke. His only income since that time has been the Supported Living Payment.2
[8] In the period since separation, the appellant has had family members and boarders staying in the property. The costs recovered from these parties have been minimal. Most have only stayed in the property for a short time. The appellant is also reliant on a benefit.
Family Court judgment
[9] After reciting the factual background, the Judge noted a dispute in the evidence about whether the respondent told the appellant of his wish to sell the family home. He found as a matter of fact that the respondent did advise the appellant that he wanted to receive his share in the family home…
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