New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Attribution of increase in value

Legal area

Court

21 Dec 2020

PRESTON v PRESTON [2020] NZCA 679

Citation

[2020] NZCA 679
Court

Court of Appeal

The 2010 amendment to the family trust was a nuptial settlement for s 182 purposes, but s 182 relief was properly declined because the trust's assets and primary objects predated the relationship and were directed to settlor's children and the applicant made no material contributions to those assets; the s 9A claim failed because any attributable increase in value of the retained EBTL share was marginal (de minimis); HFT validly exercised its pre-emptive purchase right in November 2015 and is entitled to specific performance to complete the purchase at the November 2015 price of $337,000, bec…
14 Feb 2017

MCILRAITH v MCILRAITH [2017] NZCA 8

Citation

[2017] NZCA 8
Court

Court of Appeal

The Court of Appeal granted leave to appeal and identified four discrete legal issues for determination: whether the 5,523 B shares were separate property, whether intermingling occurred and its consequences, whether increases in value are attributable to relationship property and subject to division, and whether the s17 award should be increased; leave was granted because these issues warranted appellate consideration of the High Court's findings.