SIMON v WRIGHT [2013] NZHC 1809

SIMON v WRIGHT [2013] NZHC 1809

Appeal dismissed; Family Court's equal division upheld because the wife did not establish extraordinary circumstances under s13; the husband's covert transfer and wife's non‑disclosure justified a s44C compensation award of $66,250; the husband's borrowings were relationship debt under s20; no occupation rent ordered; husband was not obliged to obtain trust distributions.

Citation
[2013] NZHC 1809
Parties
Appellant: MS Simon; Respondent: Mr Wright
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 July 2013
Procedural Posture
Appeal Under S 39 Property (relationships) Act 1976 (rehearing) / High Court Judgment on Rehearing
Outcome
Appeal dismissed; Family Court decision affirmed
Legal Topics
Relationship Property Division, Extraordinary Circumstances S13, Dispositions to Trust S44 and S44 C, Occupation Rent S18 B, Relationship Debt S20, Misconduct S18 a, Appeal Standard S39
Family Law Property Law Trusts Law Civil Procedure Relationship Property Division Extraordinary Circumstances S13 Dispositions to Trust S44 and S44 C Occupation Rent S18 B +3 more

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Parties

MS Simon

Appellant

Mr Wright

Respondent

Procedural Posture

Appeal Under S 39 Property (relationships) Act 1976 (rehearing) / High Court Judgment on Rehearing

Legal Issues

  1. 1 compensation under s44C for disposition to trust
  2. 2 adjustment for occupation rent under s18B
  3. 3 classification of husband's indebtedness as relationship debt under s20

Ratio Decidendi

Appeal dismissed; Family Court's equal division upheld because the wife did not establish extraordinary circumstances under s13; the husband's covert transfer and wife's non‑disclosure justified a s44C compensation award of $66,250; the husband's borrowings were relationship debt under s20; no occupation rent ordered; husband was not obliged to obtain trust distributions.

Court Disposition

Appeal dismissed; Family Court decision affirmed

Orders

  • Appeal dismissed
  • If costs are in issue parties may file brief memoranda within 14 and 21 days respectively