New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Family protection act s4 claims

Legal area

Court

1 Aug 2019

COMMONS v COMMONS [2019] NZHC 1850

Citation

[2019] NZHC 1850
Court

High Court

Leave to appeal was refused because the applicant failed to identify arguable errors of law or fact in the discovery judgment of sufficient merit or public importance to justify the delay and cost of an appeal; the High Court's tailored discovery approach was proportionate and consistent with established authorities limiting inquiry into inter vivos transfers for Family Protection claims; the discovery ordered (including financial statements and trustee records of decisions) was sufficient to enable the supervisory and tracing functions of the Court without intrusive, disproportionate disclos…
22 Dec 2008

J E O'CONNOR AND ANOR V P J DENEE AND T A ELLIOTT HC ROT CIV 2008-463-96

Citation

openlaw-47f07fe8_7fc8_486d_a03a_20f6ced1b632.pdf
Court

High Court

The High Court allowed the appeal in part, holding the Family Court judge erred by giving excessive weight to the testatrix's pre‑existing reasons and failing to account for a material change in Judith O'Connor's circumstances and the true financial dependency of Lynne Ashcroft; there was a breach of the testatrix's moral duty to both appellants and limited further provision was necessary to remedy the breach — $100,000 to Judith O'Connor and $150,000 to Lynne Ashcroft — while otherwise preserving the will's scheme and recognizing the testatrix's intention to prefer Todd Elliott.