1 Jun 2023
SUTTON v BELL [2023] NZSC 65
- Citation
- [2023] NZSC 65
- Court
- Supreme Court
S44 may be applied to dispositions made before the formal commencement of a de facto relationship where there is sufficient certainty (a clear and present intention to enter the relationship) and the disposer had knowledge that the disposition would defeat the other party's claim or rights; following Regal Castings, such knowledge permits an inference of intent to defeat; where recipient did not receive in good faith s44(4) does not bar relief; on the facts transfer to parties as tenants in common in equal shares is appropriate and the trustees' good faith defence failed.
- Property (relationships) act 1976 s44
- Dispositions to defeat claims
- Commencement of de facto relationship
- Contracting out (s21)
- Good faith defence (s44(4))
- Remedies and postponement (ss26, 26a, 33)