DMO V HAS HC HAM CIV 2009-419-566

DMO V HAS HC HAM CIV 2009-419-566

Heath J found the final separation occurred in January 2003; the disparity of contributions did not meet the high threshold in s13 so unequal sharing was not warranted; however Ms O was entitled to post-separation credit for mortgage principal reductions of NZD 41,841 and a NZD 10,000 allowance for childcare, the earlier NZD 8,400 additional financial allowance was set aside, the Family Court orders were set aside and the matter was adjourned for counsel to agree final orders and payment timing.

Citation
openlaw-9ab800ff_7229_4b32_be74_a5d0a7cb9b3b.pdf
Parties
Appellant: DMO; Respondent: HAS
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 August 2009
Procedural Posture
Property (relationships) Act 1976 Relationship Property Appeal / High Court Appeal (rehearing)
Outcome
Appeal allowed in part; Family Court orders set aside; matter adjourned for agreement on final orders and quantification of monetary adjustments
Legal Topics
Relationship Property, Unequal Sharing S13, Post Separation Contributions S18 B, Separation Date Determination, Occupation Rent, Discretionary Review
Family Law Property Law Appellate Procedure Relationship Property Unequal Sharing S13 Post Separation Contributions S18 B Separation Date Determination Occupation Rent +1 more

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Parties

DMO

Appellant

HAS

Respondent

Procedural Posture

Property (relationships) Act 1976 Relationship Property Appeal / High Court Appeal (rehearing)

Legal Issues

  1. 1 What was the date of final separation for relationship property valuation
  2. 2 Whether extraordinary circumstances under s13 justify unequal sharing
  3. 3 Appropriate post-separation adjustments under s18B including childcare and mortgage principal reductions

Ratio Decidendi

Heath J found the final separation occurred in January 2003; the disparity of contributions did not meet the high threshold in s13 so unequal sharing was not warranted; however Ms O was entitled to post-separation credit for mortgage principal reductions of NZD 41,841 and a NZD 10,000 allowance for childcare, the earlier NZD 8,400 additional financial allowance was set aside, the Family Court orders were set aside and the matter was adjourned for counsel to agree final orders and payment timing.

Court Disposition

Appeal allowed in part; Family Court orders set aside; matter adjourned for agreement on final orders and quantification of monetary adjustments

Orders

  • Family Court orders set aside
  • Credit to Ms O for mortgage principal reduction of 41841 NZD