New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Dissipation of relationship property
  • 28 Nov 2006

    HUTT V HODGE HC TAU CIV 2006-470-276

    Citation
    openlaw-01ba78e2_59ea_4f43_a72b_5e1a334a9c25.pdf
    Court
    High Court

    Section 18C was correctly interpreted to require deliberate action or inaction causally linked to a material diminution in value without requiring a specific intention to cause that diminution; on the evidence the Family Court could properly infer that the appellant's actions and inactions (assisting and not discouraging his son's takeover, letters to customers, allowing use of premises and technical assistance) caused SVCL to be reduced from a going concern to little more than stock and equipment and ordered compensation; the transfer of the boat was a sham to defeat creditors and constitute…