24 Feb 2015
DENISE MINNIE SHAILER v WAYNE LAWRENCE SHAILER, DENISE MINNIE SHAILER AND CHARLES JOHN ANDREWS [2015] NZHC 250
- Citation
- [2015] NZHC 250
- Court
- High Court
The High Court has jurisdiction to hear and determine an enforcement action against trustees for a debt owed to a spouse even where the debt constitutes relationship property because the claim is not an 'application under this Act' requiring Family Court determination; s 19 preserves the plaintiff's right to deal with and enforce her chose in action; s 4(4) and other Act provisions do not create an arguable legal defence in this proceeding; the asserted equitable set-off by reference to a partnership debt was not supported by sufficient particulars or evidence to be an arguable defence; there…