New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Matrimonial property settlement

Legal area

Court

18 Jun 2010

SAVILL AND ANOR V ROGERS AND RUTHERFORD AND ORS HC CHCH CIV-2009-409-003011

Citation

openlaw-9535184a_09e3_4142_b26e_d731f5d3dd5d.pdf
Court

High Court

The High Court upheld the District Court: the contemporaneous documents and deed recitals showed the assignment related to the ANZ/Hanmer $45,000 loan (the same debt dealt with in 2001), Savill and Reid failed to prove a distinct joint debt secured against the $100,000, Savill's credibility and documentary gaps fatally undermined their claim, and the $100,000 vested in the Official Assignee on Kettle's bankruptcy; appeal dismissed.
26 Sept 2007

GOUK V CARR HC TAU CIV 2007-470-264

Citation

openlaw-b74db063_e7dc_4419_9da4_9e988211a056.pdf
Court

High Court

The appeal was dismissed because the trial judge's credibility-based finding — that the appellant agreed with his son that the son alone would repay the loan, that the son conveyed that assurance to the respondent, and that the respondent relied to her detriment such that equitable estoppel applies — was open on the evidence and not plainly wrong, so the appellate court must defer to the trial judge's factual conclusions.