18 Dec 2020
MATTHEWS v PHOCHAI [2020] NZHC 3455
- Citation
- [2020] NZHC 3455
- Court
- High Court
The High Court allowed the appeal, holding the Family Court judge erred by failing adequately to account for deductions from the estate (costs, tax, administration), the claimant's own available assets, and the parties' contracting out agreement and financial independence; the appropriate discretionary award to remedy the breach of moral duty was reduced from $1,000,000 to $750,000.
- Family protection act 1955 claims
- Contracting out agreement under property relationships act 1976
- Quantum of award
- Moral duty and remedy
- Appellate review of discretion (may v may)