New Zealand Case Law

2 Dec 2021

SUTTON v BELL [2021] NZCA 645

Citation

[2021] NZCA 645

Court

Court of Appeal

s44 can apply to dispositions made before the formal commencement of a qualifying de facto relationship where, at the time of disposition, the parties were 'in contemplation' of living together as a couple and the disposer knew the transfer would defeat the other's future rights; knowledge of the defeating effect suffices as intent and on the facts the transfer to the Trust met that test, so the disposition was set aside and the Court of Appeal dismissed the appeal.

• Section 44 property (relationships) act 1976
• Contracting out under s21 and formalities s21f
• De facto relationship commencement and 'in contemplation'
• Setting aside dispositions to defeat relationship claims
• Evidence of intent and knowledge