New Zealand Case Law: Decisions & Judgments

Topic

Nuptial settlement

Legal area

Court

9 Nov 2021

KATHARINE ELIZABETH PRESTON v GRANT LEE PRESTON [2021] NZSC 154

Citation

[2021] 1 NZLR 651
Court

Supreme Court

Where a nuptial settlement exists and there is a demonstrable disparity between the spouse's position under the settlement on dissolution (B) and the position they would have held if the marriage had continued (C), s 182 is normally enlivened and the court will generally make orders to remedy that disparity unless countervailing factors prevail; courts must assess contributions (financial and non-financial) on an equal footing and may take into account source of assets, purposes of the trust and beneficiaries' interests when fixing appropriate remedial orders. In this case the Supreme Court a…
24 Jun 2021

PETER FRANCIS JOSEPH LITTLE v DEBRAH LEANNE LITTLE [2021] NZSC 70

Citation

[2021] NZSC 70
Court

Supreme Court

Leave to appeal was dismissed because this was not an exceptional case warranting a leapfrog appeal, both the Family Court and High Court applied the Clayton test and made concurrent factual findings of connection between the trust settlements and the marriage, and no miscarriage of justice or error of law was demonstrated that would justify this Court intervening.
30 Apr 2021

POROS v BAX [2021] NZCA 149

Citation

[2021] NZCA 149
Court

Court of Appeal

Leave to bring a second appeal was declined because the proposed grounds were largely factual or not seriously arguable as matters of law, raised no question of general importance, and did not present a real prospect of success sufficient to justify further appeal even given the applicant's private risk of bankruptcy.
26 Feb 2021

MCCARTHY v MCMANAMON [2021] NZHC 294

Citation

[2021] NZHC 294
Court

High Court

The HOA constituted a nuptial settlement but its terms were not incorporated as express terms of the formal trust deeds; plaintiff breached his fiduciary and contractual obligations by failing to vest approximately $100,000 of agreed assets into his trust, which disentitled him to specific performance; however the court exercised its broad remedial discretion under s 182 Family Proceedings Act 1980 to remedy the failure of the marriage premise and ordered monetary adjustment: Elizabeth Street Trust to make a further payment of $400,000 to the plaintiff (totaling $542,000 including prior distr…
19 Feb 2021

OLLIVER v SPARKS [2021] NZHC 220

Citation

[2021] NZHC 220
Court

High Court

Application to strike out and/or for defendant's summary judgment dismissed. On the material before the Court it is reasonably arguable the joint venture arrangements and associated trusts could constitute nuptial settlements; the plaintiff's 2009 divestment of legal and beneficial title does not, as a matter of law at interlocutory stage, preclude s182 relief; delay was not unreasonable in context of complex related litigation and later judicial determinations; and the claim is not plainly an abuse of process on Henderson v Henderson grounds. Proceed to pleadings and timetable next steps.
22 Oct 2020

POROS v BAX [2020] NZHC 2769

Citation

[2020] NZHC 2769
Court

High Court

Leave to appeal was declined because the proposed appeal did not raise any question of law or fact of sufficient importance that would justify a second appeal; the challenges amounted to re‑runs of concurrent factual findings and mathematical adjustments without demonstrating significant legal error or need for clarification of law.
25 Sept 2019

BOOTH v BOOTH [2019] NZHC 2424

Citation

[2019] NZFLR 225
Court

High Court

Summary judgment was granted against the plaintiff: even accepting arguendo that the family arrangements might constitute a settlement, the alleged settlement was expressly conditional on the continuance of the marriage so there has been no failure of the premise on which any nuptial settlement was made and therefore no basis to exercise s 182(1) discretion to vary the settlement in the plaintiff's favour; additionally the pleading disclosed no arguable claim against the second and third defendants and that part of the claim was struck out.
4 Dec 2018

BETHELL v BETHELL [2018] NZHC 3171

Citation

[2018] NZHC 3171
Court

High Court

The High Court upheld admission of the accountant's evidence; held the Stumpy Trust current account credit of $915,270 is relationship property; held residual Hussey Developments liabilities are personal to Sam and not to be shared; held the Stumpy Trust and the 2005 transfer of Timpendean Farm were nuptial settlements subject to s182 FPA; found the Family Court erred in treating the Trust as insolvent after proper offsets; and on exercise of s182 discretion ordered a $300,000 resettlement into a new discretionary trust for Diana and the children, with other asset valuations and an equalisati…
12 Oct 2018

COOK v ROMANES and [2018] NZHC 2650

Citation

[2018] NZHC 2650
Court

High Court

Proceeding is not an abuse of process but liquidation is a drastic remedy and there is a reasonable likelihood of alternative remedies (including s182 Family Proceedings Act orders and Partnership Act dissolution); accordingly further steps in the liquidation proceeding are stayed and parties directed to pursue alternative remedies and report back at a case management conference before the court proceeds.