New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Extraordinary circumstances (s13)

Legal area

Court

4 Jul 2016

THALLER v TROTTER [2016] NZHC 1508

Citation

[2016] NZHC 1508
Court

High Court

The Epsom property was introduced into the partnership capital and partners held equal shares in partnership assets; Mr Trotter nominated the trustees as purchasers of Oakdale to defeat Mr Thaller's imminent rights under the Act and the disposition is therefore set aside under s44 by ordering transfer of Oakdale to Mr Thaller and Mr Trotter as tenants in common in equal shares subject to a debt back to the trustees; the trust debt to Mr Trotter of $223,681 included $120,000 as his separate property and the balance is relationship property; no extraordinary circumstances justified unequal shar…
24 May 2012

K V V HC WN CIV-2011-485-002682

Citation

openlaw-6edb3387_77ba_4bdc_a4a0_0007283c803f.pdf
Court

High Court

No s21P agreement existed for Tamana because the sale contract and conduct did not evidence objective agreement on future division; Family Court's valuation of Tamana was quashed because it misdirected itself by prioritising parties' use and motives over market value; Family Court erred in setting aside the apartment transfer under s44 because there was insufficient evidence that the appellant intended to defeat the respondent's claims or had the requisite knowledge of imminent law change to infer such intent.